Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 30 -- Murder - Fire arm injuries - Testimony of PW2 sister of deceased, an injured witness - However, injuries found on person of PW2 were not received by her on the date of incident as per evidence of PW3/doctor - PW2 is thus, not a reliable witness and her testimony is liable to be discarded while complicity..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 30 -- Murder - Fire arm injuries - FIR is ante-timed and also the documents including inquest report, photo lash and letter addressed to CMO were not prepared on date and time as alleged by prosecution - Possibility of prosecution case as spelt out in FIR being concocted after due deliberations and consultations..........
Indian Penal Code, 1860, Section 464 -- Forgery - A charge of forgery cannot be imposed on a person who is not the maker of same - For an offence u/s 464 IPC it is imperative that a false document is made and accused person is the maker of the same, otherwise accused is not liable for the offence of forgery...........
Indian Penal Code, 1860, Section 463, 464, 465 -- Forgery - Unless and untill ingredients u/s 463 are satisfied a person cannot be convicted u/s 465 by solely relying on the ingredients of S.464, as the offence of forgery would remain incomplete...........
Indian Penal Code, 1860, Section 465 -- Forgery - False document - Accused not made any false document or part of document/record to execute mortgage deed under the guise of that false document - Neither accused No.1 nor accused No.2 can be held makers of forged documents - It is the imposter who can be said to have made false document by committing forgery - Prosecution..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused arrested in a hurried manner after the day of incident from hospital - Police authorities in a unusual manner got accused discharged from hospital and kept him illegally confined for a day - Action of investigating authority in pursuing the case in the manner in which they have done must be rebuked - Such..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Genesis of occurrence suppressed by prosecution - Case involves a fight between accused and deceased - However, evidence of direct witnesses not satisfactory - There is absence of extreme cruelty, even if it is assumed that accused hit the deceased with log - Had there been strong..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Injured witness himself has attributed injury on him to deceased, instead of accused - Conviction of accused u/s 324 IPC held, not sustainable - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Where no credence lend to genuineness of FIR and prosecution case, there is no need of further enquiry as the assertion made by prosecution is not proved beyond reasonable doubt - Benefit of doubt thus, given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 279, 338 -- Rash and negligent driving - Victim received injury on his right foot under rear tyre of bus, while alighting from bus, as accused started the bus without waiting for whistle of conductor - Conductor of bus not supported the prosecution case - Though there were many passengers in bus, but I.O not associated any of them as an..........
