Acquittal: Though circumstantial evidence casts doubt on the homicide committed by the accused but the same is inconclusive without any corroborative evidence and based on mere last seen together
Neither the State nor the Victim nor the Complainant had sought enhancement in appeal but the High Court converted the sentence into a conviction of the accused in a suo-motu revision is illegal
Abatement: If a particular proceeding shall be instituted and prosecuted by a particular person only then on his death the proceeding would abate
Setting aside a bail order (including suspension of sentence) by a higher court is not the same as cancelling bail as the former is concerned with the justifiability and soundness of the order granting bail
The Sessions Court has no power to sentence the accused to life without remission
Seizing material objects from the body of the accused and attempted to convert it as recovery is against the principle of section 27 IEA
NDPS: Humanitarian considerations cannot override the statutory minimum punishment mandated by the legislature hence sentence is not reduced
Accused is armed and the deceased is unarmed hence exception 2 (private defence) to section 300 IPC not applicable
Impeachment Proceedings and Role of Lawyers
NDPS: Mere non-compliance or delayed compliance with section 52-A is not fatal unless irregularity affecting the integrity of the seized substance
Witness did not name any person from the locality who had seen the incident and not a single witness from the locality was examined who had seen the incident
If the case does not fall within the recognised parameters for quashing courts must avoid delving into disputed facts at the pre-trial stage
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