Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence - Where prosecution case is initially based on eye witness account but subsequently eye witnesses turned hostile, still conviction can be based on circumstantial evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence of recovery of articles - Eye witness turned hostile and not supported prosecution case - Insofar as recovery of bamboo stick and shawl is concerned, FSL report not established blood stains over bamboo stick - Shawl recovered from accused is his own shawl and was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merely because complainant did not examine listed witness in support of his contention about taking of loan by accused, the same cannot be discarded as a doubtful...........
Indian Penal Code, 1860, Section 302, 304A -- Nature of offence - Eye witnesses as a result of consultations and deliberations or believing that accident was for some motive, have taken recourse to fiction and imagination - Exaggerated version was given by eye witness - Medical evidence belie ocular version - Deceased fell on right side and suffered injuries when tractor..........
Indian Penal Code, 1860, Section 302 -- Murder - PW5/eye witness in his statement only taken names of four accused, who were seen running away from spot - He did not take name of A-2 - Mere fact that PW5 did not mention name of A-2, cannot lead to inference that A-2 was not involved in the incident, particularly when presence of A-2 is proved on record through the evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive of occurrence proved on record from oral evidence of eye witness - Fardbeyan of informant was recorded on the spot itself by police officials - Names of all five accused and role attributed to them have been promptly recorded by police officials within half an hour of incident on the spot - Medical evidence..........
Indian Penal Code, 1860, Section 364A, 368, Evidence Act, 1872, Section 118 -- Kidnapping for ransom - Testimony of victim/child witness - Victim was aged about 3 years old at the time of incident - He was subjected to cross-examination after about 5 years of his examinatio, i, chief - Victim was not sure as to what had happened with him about 5 years back, as he was..........
Indian Penal Code, 1860, Section 376(2)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape of 8 years old minor girl - Case of partial penetration - Reduction of sentence - Redness in vulva and vagina accompanied by slight swelling in vagina proves that child was sexually abused and was exploited - Accused denied said fact and pleaded..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Recovery witnesses not supported the prosecution case - There was darkness at the time at place of occurrence making it difficult for witness to identify assailants - Evidence of eye witnesses contradictory to each other as to firing of fatal blow - Guilt of accused..........
Arms Act, 1959, Section 39, 25 -- Sanction for prosecution - Offence u/s 25 of the Act - Sanction letter purported to be signed by District Magistrate, whose name also disclosed in it, but in charge sheet that person has not been named as a witness - I.O also not proved the sanction letter - Sanction for prosecution thus, not proved - Illegality committed, as without..........
