Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses turned hostile - Other witnesses are formal witnesses and their evidence is not incriminating against accused - Motive of crime not proved - Recovery of weapon of offence is also very doubtful and makes prosecution case highly suspicious - Other co-accused persons with similar role on basis of same evidence..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death of deceased caused by accused was not premeditated - However, intention has to be inferred as injuries were sufficient in the ordinary course of nature to have caused death - Offence committed by accused thus, falls u/s 304(Part I) IPC...........
Indian Penal Code, 1860, Section 376, 382 -- Rape - Quashing of proceedings - Prosecutrix and her husband do not wish to continue with proceedings in order to remove matrimonial hardship between prosecutrix and her husband - There is no likelihood of conviction of accused in trial as prosecutrix turned hostile - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Nature of death of deceased was homicidal and cause of death was asphyxia due to strangulation - Deceased suffered injuries on her neck and ligature marks and other injuries were also found on her body on the date of incident - Sari used in strangulation also seized..........
Indian Penal Code, 1860, Section 306, 420, 120B -- Abetment of suicide - Suicide note neither paginated, nor same bears any signatures - It casts a serious doubt upon prosecution case that said letter was written by deceased himself, immediately before committing suicide...........
Indian Penal Code, 1860, Section 302, 342, 120B -- Murder - Involvement of accused in crime fully established by testimony of PW4 - Ample evidence of conspiracy between all five accused have been duly proved - Nexus between accused and co-accused is also duly established - Defence of accused was not plausible - Testimony of other PWs also proved the involvement of accused..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3, Indian Penal Code, 1860, Section 302, 120B, 201 -- Parole - Offence u/ss 302, 120-B, 201 IPC - Parents of petitioner are old and remain ill and therefore petitioner seek parole for 6 weeks to take care of his old parents - Release on parole is part of reformative process - Petitioner has been in..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused was not represented by a counsel post framing of charge - He had absconded for more than 12 years and was arrested in 2019 and since then he is in judicial custody - Justice demands that an impartial trial be held and for achieving such object it would be necessary that a lawyer be appointed by trial Court to..........
Indian Penal Code, 1860, Section 354, 354D, 34 -- Outraging modesty of woman - Incident occurred in residential quarter of Medical Officer - However, statement of sole witness/medical officer has not been recorded - Complaint lodged after delay of one day - Interim protection already granted to complainant - Conviction set aside...........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Kidnapping - Penetrative sexual assault - Age of victim - No conclusive proof regarding age of victim girl by producing hospital record or municipal record which was taken at the time of birth - Victim is more than 16 years as per ossification test and taking..........
