November 2017

October 2017

Indian Penal Code, 1860, S.457–House Trespass-Acquittal-Complainant contended that accused persons trespassed house of his father and took away the entire house hold articles, gold and cash

By | October 27th, 2017|Acquittal|

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Indian Penal Code, 1860, S.304-B–Dowry Death–Acquittal–Delay in lodging FIR–Appellant had lodged complaint after 18 days of missing of deceased

By | October 25th, 2017|Acquittal|

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Indian Penal Code, 1860, S.420 & S.463–Cheating–Forgery–Acquittal-Leave to Defend—Gift deed was not signed by either of accused

By | October 25th, 2017|Acquittal|

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Indian Penal Code, 1860, S.302 & S.304-B–Murder–Acquittal–Dowry Death-­Deceased was set ablaze after pouring kerosene on her-No direct evidence on record to prove that accused (husband) intentionally committed the murder of deceased

By | October 24th, 2017|Acquittal|

Comments Off on Indian Penal Code, 1860, S.302 & S.304-B–Murder–Acquittal–Dowry Death-­Deceased was set ablaze after pouring kerosene on her-No direct evidence on record to prove that accused (husband) intentionally committed the murder of deceased

It cannot be said that the accused would take blood stained cemented pieces from the spot and conceal them somewhere and, thereafter, getting the same recovered-Disclosure statement not reliable-Accused acquitted-Evidence Act, 1872, S.27. (Para 6)

By | October 24th, 2017|Acquittal|

Comments Off on It cannot be said that the accused would take blood stained cemented pieces from the spot and conceal them somewhere and, thereafter, getting the same recovered-Disclosure statement not reliable-Accused acquitted-Evidence Act, 1872, S.27. (Para 6)

September 2017

Dacoity–Acquittal–FIR was lodged long after the incident and in fact law was already set on motion after the telephonic message had been received.

By | September 8th, 2017|Acquittal|

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Disclosure Statement—Unless some distinctive mark is there or their use in the crime stands proved, recovery of common/easily available article cannot result in fastening any criminal liability upon any accused.

By | September 5th, 2017|Acquittal|

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Indian Penal Code 1860, S.307—Attempt to Murder–Gunshot–Acquittal–Accused allegedly opened fire from his country made pistol—However, no bullet was retrieved from the spot

By | September 4th, 2017|Acquittal|

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Culpable Homicide—Sudden Fight—The cause of the quarrel is not relevant nor is it relevant who offered the provocation but what is important is that the occurrence must have been sudden and unpremeditated and the offender must have acted in a fit of anger.

By | September 4th, 2017|Acquittal|

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Murder—Intention to kill—Appellant had given only one blow to deceased though hitting him on head with blunt side of gandasa—Offence falls under S.304 Part II IPC and not u/s 302IPC.

By | September 3rd, 2017|Acquittal|

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Murder—Recovery of Weapon—Even if the weapon is cleaned there could be chance of some blood stains remains—No attempt made to find presence of any blood stain—Accused acquitted.

By | September 3rd, 2017|Acquittal|

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August 2017

Identification of Accused—Incident happened at night in house of complainant–Identification of accused by eye witness in court for first time after 8 years of incident seems to improbable.

By | August 30th, 2017|Acquittal|

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Indian Penal Code, S.302—Murder—Acquittal-Last Seen Together—As per prosecution, deceased being in the company of all the accused persons consumed liquor at home and thereafter, proceeded to have more in a nearby liquor shop,

By | August 30th, 2017|Acquittal|

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Indian Penal Code 1860, S.302 & S.304 Part l–Murder–Acquittal–Unlawful Assembly- -Modification of sentence-Weapons being carried by accused were in form of lathis and iron rods i.e sarias- These are not traditional weapons of attack rather are easily available in villages and being used for various purposes

By | August 29th, 2017|Acquittal|

Comments Off on Indian Penal Code 1860, S.302 & S.304 Part l–Murder–Acquittal–Unlawful Assembly- -Modification of sentence-Weapons being carried by accused were in form of lathis and iron rods i.e sarias- These are not traditional weapons of attack rather are easily available in villages and being used for various purposes

Murder—Unexplained possibility of young woman in mid twenty’s and her ability to drag a fully grown body of able bodied man, aged 27 years, to a distance of 10-15 yards single handedly—Accused acquitted.

By | August 29th, 2017|Acquittal|

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Kidnapping for Ransom—Electronic Record—Case based on call details—But the call details do not bear any certificate as required under Section 65-B of the Evidence Act— Accused acquitted. Electronic Record—Evidence Act does not contemplate or permit the proof of an electronic record by oral evidence if requirements under Section 65-B of the Evidence Act are not complied with.

By | August 28th, 2017|Acquittal|

Comments Off on Kidnapping for Ransom—Electronic Record—Case based on call details—But the call details do not bear any certificate as required under Section 65-B of the Evidence Act— Accused acquitted. Electronic Record—Evidence Act does not contemplate or permit the proof of an electronic record by oral evidence if requirements under Section 65-B of the Evidence Act are not complied with.

July 2017

Murder—Common Intention—Acquittal—Merely because co-accused was in the room where the murder was committed and she did not raise any hue any cry at that time does not lead to the inference that she was a consenting party to the murder.

By | July 29th, 2017|Acquittal|

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Criminal Procedure Code, 1973, S.452–Disposal of property at conclusion of trial-­ Application for releasing the vehicle–Rejected–Appeal against-Accused charged u/s 302 IPC and acquitted

By | July 1st, 2017|Acquittal|

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