(IPC) – S 302/34 - Murder - Common intention- HELD the evidence available on record was not looked into as the witnesses had already been exposed to the accused in the police station - After all, the test identification parade is only a part of an investigation, and therefore, nothing more can be attached to it - Acquittal

 

Recovery having not been proved in the manner known to law, coupled with inadequate evidence on record to implicate the appellant - Prosecution has failed in its attempt to prove beyond reasonable doubt, that the appellant has committed the offence

 

Penal Code, 1860 (IPC) - Section 302 – Murder - Even the evidence of a hostile witness can be considered to the extent, it supports the case of the prosecution -

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Considering the seriousness of the offences alleged, this was not a fit case for grant of anticipatory bail, when according to the State, recoveries are yet to be made and the respondent has not extended full cooperation in the investigation - Appeal allowed.

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Specific performance -There is a distinction between readiness and willingness to perform the contract and both ingredients are necessary for the relief of Specific Performance - While readiness means the capacity of the Plaintiff to perform the contract which would include his financial position, willingness relates to the conduct of the Plaintiff.

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IBC – when admission is opposed on the ground of existence of an award or a decree in favour of the Corporate Debtor, and the Awarded/decretal amount exceeds the amount of the debt, the Adjudicating Authority would have to exercise its discretion under Section 7(5)(a) of the IBC to keep the admission of the application of the Financial Creditor in abeyance

 

ibcode.ind.in 

HELD all the three appellants are in jail and have undergone several years of incarceration. We accordingly award the sentence for the period already undergone by all the three appellants.

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