Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Proposed additional accused have been named as persons involved in the case by way of a larger conspiracy or otherwise by PW1, as noticed by trial Court itself and also PWs 6 & 7 - Though there are inconsistencies in the overall testimonies of these witnesses but that is a matter of trial and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Prosecution story that an electronic weighing scale was used - However testimony of PW 8 reveals that there was no electronic weighing scale available in the shop and he was using only traditional weighing scale - Version of prosecution becomes doubtful and unacceptable - Acquittal of accused..........
Indian Penal Code, 1860, Section 376(2)(G), 506 -- Rape - Sole testimony of prosecutrix - Prosecutrix did not disclose the incident to anybody, neither friends nor family and not even her husband and same was disclosed to stranger woman after three months, who was never produced before Court - Defence of prior enmity between parties not properly considered by Courts below..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Every member of unlawful assembly is vicariously liable for acts done by anyone of them to achieve a common object as per S.149 IPC - Therefore, two things are essential to attract S.149 IPC i.e. "unlawful assembly" and "common object" - Presence of accused persons as part of unlawful assembly is sufficient for..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Long standing political enmity between families of main accused and deceased - All accused persons had alighted from bus together armed with firearms, thus they were part of unlawful assembly and had arrived at the bus stand with a common object - Movement of accused persons in said manner is..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Evidence proves that main accused fired at deceased at bus stand, which hit his elbow and that deceased suffered multiple gunshot wounds - Thus, involvement of not only main accused but also other accused who were carrying firearms is duly established - Mere fact that independent witness did not..........
Indian Penal Code, 1860, Section 306, 506, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide note - Quashing of proceedings - Deceased committed suicide on account of depression for not being able to clear debt - Suicide note indicts as many as 9 accused without specifying role of any one of them - There is no material to indicate that deceased..........
Revenue entries -- Mere recording of land in suit as private land in General Land Register (GLR) does not in any manner benefit the party's claim of ownership...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appreciation of evidence - Recovery of weapons of assault is not sine qua non for convicting an accused as entire evidence on record is required to be taken into consideration...........
Customs Act, 1962, Section 35(1)(b)(i) -- Offence u/s 35(1)(b)(i) of the Act - Reduction of sentence - Recovery relates to the year 1985 and that offending consignment of watches was recovered lying in an abandoned condition - Conviction of appellants seems to be primarily based on confessional statements recorded u/s 108 of the Act - Conscious possession of smuggled goods..........
