Impugned order of conviction set aside, as prosecution failed to prove that Appellant was responsible for tampering with documents, as evidence indicated that mark-sheet and revaluation notification passed through multiple institutional hands before any alleged forgery was detected.
Reasons given for grant of bail to accused no.11 and reasons given for refusal to grant bail to accused no.20, is fully justified and reasonable.
High Court having rightly appreciated evidence as well as legal position, no any illegality in judgment of acquittal passed by High Court.
Circumstantial
evidence-Where prosecution failed to establish complete chain linking accused
to murder and recovery evidence was weak and uncorroborated, conviction under
Sections 302 and 397 IPC set aside.
Exception 4 to Section
300 IPC not attracted where accused deliberately set wife ablaze in presence of
sons; conviction under Section 302 IPC upheld based on eyewitness and dying
declarations.
Judgment of conviction passed by Trial Court stands restored, as prosecution proved its case beyond reasonable doubt.
Quashing of FIR-FIR
quashed where valid civil transaction lacked fraudulent intent and mere deficit
in court fee did not attract forgery or cheating under IPC.
Both Trial Court and High Court made errors in convicting accused 1 due to a misreading of evidence, leading to conclusion that accused 1 is acquitted of all charges and must be released if not involved in other cases.
Recalling of witness-Application
under Section 311 CrPC allowed to facilitate fair cross-examination; earlier
rejection set aside subject to cost of 25,000.
Acceptance of C Summary
Report without judicial application of mind and solely on informants no
objection is improper; matter remanded for fresh consideration.
Impugned order of conviction set aside and accused were acquitted, as chain of circumstantial evidence needed for conviction was not established, leading the Court to conclude there was reasonable doubt.
Bail will remain in effect pending trial, contingent on compliance with outlined conditions, with potential cancellation for any breaches hence, impugned judgment revoking orders granting bail stands set aside.
FIR and consequential charge sheet, pending before trial Court, are quashed, as essential elements of cheating and forgery are not clearly established.
Improper conviction
under BNSS-Conviction under Section 385 of BNSS set aside where Judge failed to
refer matter to jurisdictional Magistrate and remand handling was procedurally
irregular.
Discrepancy creates ambiguity regarding amount, rendering notice invalid despite inclusion of cheque number hence, impugned order to quash notice was appropriate and lawful.
Rejection of delay
condonation without hearing suspension of sentence application violates
judicial procedure; order set aside.
Investigation of certain crimes will be transferred to Cyber Crime Police Station in Coimbatore, with materials and evidence to be examined by Investigating Officer in Crime No. 123/2024 and process will advance quickly.
Habeas corpus-Writ for
release rejected where petitioners were in custody under valid remand orders
and had legal representation, despite initial delay in production before
Magistrate.
Conviction under
Section 302 IPC upheld where chain of circumstances, including accuseds conduct
and disappearance, established guilt beyond reasonable doubt.
Once S.B. Criminal Writ Petition No. 2244 of 2024 was dismissed, subsequent petition could not be entertained as it merely altered the label while maintaining the same substance.
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