Indian Penal Code, 1860, Section 302,34, 498A -- Murder - Conviction of husband - Sustainability - Three dying declarations - So far as husband is concerned two dying declarations are consistent - PWs revealed that immediately after occurrence when deceased was lying on the side of road, she disclosed to them that her husband set fire to her - None of DWs ever disclosed..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Person sought to be summoned as additional accused participated in the crime as he received injuries, which are supported by police proceedings and Medico Legal Report - At this stage, said evidence cannot be ignored on the basis of which, if proved, is likely to result in conviction -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b),42,50 -- Recovery of Smack - Conviction - Appeal - No reason as to why appellants were taken to police station, kept in confinement in Chamber, kept away from motorcycle in question for almost five hours - Nothing on record to show that any effort was made to take appellants to nearest Gazetted Officer of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b),42,55 -- Recovery of Smack - Conviction - Appeal - PW4 who is informant as well as Officer-in-Charge of police station in cross-examination stated that seized articles were not with him and was deposited in Malkhana - Neither Malkhana Incharge has been examined nor Malkhana register has been produced -..........
Criminal Procedure Code, 1973, Section 439(2), 309 -- Criminal trial - Enquiries - Remand of accused - Held, trial deemed to have been commenced upon a police report instituted by police in a warrant case after framing of charges - Therefore, after filing of police report u/s.170 Cr.P.C. and before commencement of trial, interregnum period can safely be called as inquiry -..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Police protection - Lady wanting to make statement to a Magistrate at Saharanpur - Living at present at Allahabad - She was apprehensive abut her life being in danger and that is the reason she is seeking protection during that course - Statement u/s 164 Cr.P.C. can be recorded even by Magistrate..........
Criminal Procedure Code, 1973, Section 482 - - Transfer of case for investigation - Theft of 23 metric tones of TMT bars from lorry valued at Rs.9,86,000/- - Complaint disclosed that owners and drivers of vehicle were hand in glove with organized criminals and inter-State gangs, who were engaged in committing theft of steel materials belonging to petitioner's-company -..........
Indian Penal Code, 1860, Section 494, 498A, Criminal Procedure Code, 1973, Section 198A -- Offence u/ss 494 and 498-A IPC - Court can take cognizance even on police report if a complaint contains allegations about commission of offence u/s 498-A IPC which is a cognizable offence, apart from allegations about commission of offence u/s 494 IPC...........
Indian Penal Code, 1860, Section 498A,494 -- Police can investigate a case which alleges offence u/s 498-A IPC and also offence u/s 494 IPC...........
Indian Penal Code, 1860, Section 494, 498A, Criminal Procedure Code, 1973, Section 198A -- Offence u/ss 494 and 498-A IPC - Court can take cognizance even on police report if a complaint contains allegations about commission of offence u/s 498-A IPC which is a cognizable offence, apart from allegations about commission of offence u/s 494 IPC...........
