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SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 34-- Bail - Murder case - High Court while granting bail has not applied its mind - Consideration as recorded by High Court are good enough for denial of bail - Trial not yet concluded - Only 3 out of 13 witnesses examined - Bail application rejected - However, it will be open for petitioner to renew..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 143, 147, 148, 427, 149, Prevention Of Damage to Public Property Act, 1984, Section 3(2)-- Bail - Violence in the campus - Damage to public and private properties - Total loss tentatively calculated by I.O. as Rs.2,55,000/- - Five persons arrayed as accused - Applicants in custody since 6.10.2018 and investigation has substantially progress and no purpose would be served by keeping them..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 321-- Withdrawal of prosecution - Offence u/ss 147, 336, 332, 353, 504 IPC - Matter appears to be trivial an trifling both - Incident does not involve grave offences or during course of which some serious crimes were committed - Refusal of consent of withdrawal of prosecution by Court below does not..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34-- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be enlarged on bail on same terms and conditions as..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149-- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence, trial Court not erred..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 149, 147, 148, 323, 324, 326-- Attempt to murder - Prompt FIR of incident lodged by informant, who himself sustained as many as 18 injuries including lacerated wounds - However, no injury of any of three injured persons is alleged to be on chest or head, vital parts of body - Conviction of accused u/ss 307, 149 IPC held, set..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 147, 148, 149-- Murder - Unlawful assembly - Testimony of eye witnesses - Accused many in number came to the house of deceased with deadly weapons like swords, knife, motor cycle chain and sticks etc. - Brother of deceased/PW2 being unarmed would have naturally become frightened and may not have dared to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 147, 148, 149-- Murder - Unlawful assembly - Recovery of weapons - Swords were recovered on the disclosure statements of accused persons - Chemical Analysis Report showed that blood-stains found on the quilt seized from the scene of occurrence was that of blood group `A' - `A' blood group was also detected on..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 147, 148, 149-- Murder - Unlawful assembly - Deceased sustained as many as 26 injuries - Eye witnesses consistently spoke about incident that accused were armed with deadly weapons - Overt acts of accused is corroborated by medical evidence and also by recovery of weapons - Presence of mud on thighs and legs does..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8-- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by examining..........

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