| Topics |
Headnote |
Judgement |
| INDIAN PENAL CODE, 1860 |
|
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — S 120-B — Criminal conspiracy — Essential ingredients — there should be an agreement between the persons — who are alleged to have conspired — The agreement should be for doing an illegal act or an act by illegal means. (Para 16) |
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — S 302 — Murder by gunshot injury — Bullet recovered — had not been connected with the weapon — Held, no material to connect the gunshot injury was due to the shot fired from the firearm of the appellant-accused—Motive — not proved clearly — Circumstances in which the appellant was alleged to have fired at the deceased — not proved — Benefit of doubt— Acquittal. (Para 12 & 13) |
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — S 302 — Murder by gunshot injury — Distance of fire — is material & and it would not be appropriate to convict the appellant-accused by ignoring such an important aspect — Benefit of doubt — Acquittal — Evidence Act — S 3 — Relevant fact. (Para 11) |
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — S 302 & 498-A — Evidence Act — S 3 — Relevant fact — Murder by setting deceased on fire by striking match-stick — Possibility of tutoring deceased & child witnesses — unreliable medical witness — delay in FIR — non-examination of relevant witness — Case of prosecution failed — Acquittal. (Para 23, 24, 25, 27,29, 31) |
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — S 302 & 498-A — Evidence Act — S 3 — Relevant fact — Murder by setting deceased on fire by striking match-stick —Evidence of witness — the incident took place between deceased on one hand and accused on the other— Both were grown-up — Held, the deceased could have certainly resisted the assault & the attempt of pouring kerosene on her person— Assuming that he somehow poured kerosene — she would have certainly avoided his further assault which included striking of match-stick and setting her on fire— evidence unbelievable —Acquittal. (Para 32) |
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — S 307 — Conviction under — Seizure Officer — Admission by — the clothes of the accused were in sealed condition and that they had not been seized in his presence— Independent witnesses — non examination of — Defective investigation — Discrepancies in Medical Certificate— Held, prosecution failed to prove its case beyond reasonable doubt — Acquittal. (Para 16, 17 & 19) |
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — S 326—Identification of the accused —vital contradictions regarding —no TI Parade—Arrest of the accused — manner of — no evidence regarding — Scene of offence— contradiction —Held, alleged eye-witness was not the eye-witness—prosecution has failed to prove its case against the present appellant - accused beyond reasonable doubt— Acquittal. (Para 5.2, 5.4 &5.5) |
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — Ss 363, 365, 376 r/w. 511 and 114 — Conviction under —Place of incident —Public area having commutation of large number of people — Rout preferred by the victim where the accused was residing — was not usual rout — victim projects the case of visiting temple for preferring such route — odd hours — raises suspicion — Three accused forcefully made the victim to sit on the bike (in all 04 persons on the bike) — Hostile eye witness —Discrepancy as to who had rescued the victim — Discrepancy regarding the clothes worn by the victim —Previous acquaintance —between victim & accused —contradiction regarding — Victim and the accused were residing in the same locality —Version of accused — case of grabbing money against the victim put forth by the accused —Prosecution case doubtful — Evidence Act — S 3 — Relevant fact. (Para 7.2) |
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — S 405 — Criminal breach of trust — Necessary ingredients of — Involves entrustment of the property — or dominion over the property — & dishonest misappropriation — or conversion of the property by the agent to his own use — or dishonest use — or disposal of the property in violation of mandate of the law — or dishonest use or disposal of the property in land in terms of any illegal contract. (Para 14) |
PDF |
| INDIAN PENAL CODE, 1860 |
IPC — S 420 — Cheating — Essential ingredients of — There must be deception and fraudulent or dishonest intention — to induce the person so deceived to part with his property — Intention to deceive should be at the inception — a mere failure to keep the promise cannot be an act of cheating. (Para 15) |
PDF |