Protection to life and liberty -- Petitioners being major performed marriage against the wishes of their parents - However, they concealed vital information regarding earlier marriage of petitioner no.1 - Relief of protection of life and liberty guaranteed u/art 21 of Constitution cannot be denied to a citizen merely because he happens to commit an offence punishable..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused confessed the crime before his wife - Conduct of accused in confessing the crime and requiring her wife to inform the villagers and relatives and accused himself immediately surrendered to police were duly corroborated by PWs - Evidence adduced unmistakably points arrow of guilt at accused - Weapon of offence..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 408, 120B -- Quashing of proceedings - Offence u/ss 408, 120-B IPC - Arrest of accused from place `P' stands duly established on basis of general diaries recorded at place `P' as also at place `L' - Even, stand of petitioners that they had accompanied the police at place `L' to effect arrest of..........
Criminal Procedure Code, 1973, Section 190(1)(b), 204 -- Cognizance of offence - Summoning of additional accused - Magistrate is empowered to take cognizance of offence and thereby summon any other person as an additional accused who may also appear to have committed offence from facts stated in charge sheet of police...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is owner of vehicle - Vehicle involved in carrying liquor without any pass or permit - Concerned Magistrate to take immediate action for seeing that powers u/s 451 Cr.P.C. are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for..........
Will -- Due execution - Will in favour of plaintiff is valid in view of following reasons: (i) all sons of testator provided their respective shares under a registered partition deed and testator in fact had given a police complaint against his own sons; (ii) Will was a registered Will of 1992 and after execution of which testator lived for four years: (iii) plaintiff..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Merely because defence did not question police witness on the issue whether FIR was ante-timed or not, it would not absolve prosecution of responsibility to prove its case beyond reasonable doubt...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay of five days in lodging FIR - Victim and her father and relatives are illiterate persons belonging to labour class - Promptness in lodgement of FIR cannot be expected from them - Moreover, matter pertains to rape wherein parties normally immediately don't rush to police station..........
Criminal Procedure Code, 1973, Section 202 -- Postponement of issuance of process - Direction to police to investigate - Shows that Magistrate was not sure on the basis of material on record whether or not allegations made in the complaint are true or whether any offence is made out against accused - Order for seizure of vehicle without jurisdiction and thus, set aside...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Accused and victim are major and have entered into nuptial knot - High School Certificate indicate petitioners are major - Police authority must determine veracity and authenticity of the documents and to assess first the age and then free will of the victim - In case it is found that victim of her own free will..........
