Criminal trial -- Injuries received by accused - Non explanation of injuries - Court can draw following inferences: (1) That the prosecution has suppressed the genesis and the origin of the occurrence and has thus not presented the true version. (2) That the witnesses who have denied the presence of the injuries on the person of the accused are lying on a most material..........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Offence u/ss 324 & 326 - Parties blood relations - Dispute mutually settled after the occurrence - Court satisfied that the respondents have effected compromise with the petitioners with their free will and not under coercion - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Second FIR - There can be no second F.I.R. and consequently there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Held, only earliest or first information in regard to commission of cognizable offence satisfied requirements of S.154 Cr.P.C. - Thus, there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of same cognizable offence or same occurrence or..........
Evidence Act, 1872, Section 9, 3 -- Murder case involving two accused - Finger prints of accused No.2 found at scene of occurrence - Plea that prosecution failed to prove that finger prints used for comparison were that of accused No.2 cannot be raised by 1st accused, when accused No.2 has not challenged the evidence...........
Criminal trial -- Presence at scene of occurrence - Absence of finger impression is not guarantee of absence of the person concerned at the scene...........
Evidence Act, 1872, Section 3, 9 -- Identification - Finger prints - Held, presence of fingerprint at scene of occurrence is positive evidence but absence thereof is not enough to foreclose presence of persons concerned at scene - If during perpetration of crime fingerprint of culprit could possibly be remitted at scene it is equally possibility that such remnant would not..........
Criminal trial -- Eye witnesses - Where investigation was tainted and presence of eye witnesses of occurrence appeared doubtful, conviction cannot be based on testimony of such eye witnesses...........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Occurrence took place 17 years ago - Unlawful assembly, object of which was to chase and finish persons whom rioters believed to be responsible for defilement of mosque - Accused joined unlawful assembly and proved to have caused death of deceased - Not a rarest of rare case - Death sentence commuted to..........
Indian Penal Code, 1860, Section 34 -- Mere presence near the place of occurrence at or about the time of crime in the absence of other evidence, direct or circumstantial, cannot held a person guilty with the aid of S.34 IPC...........
