Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Accused allegedly surrounded deceased and her daughter-in-law in a pre-planned manner with a pre-determined mind to assault them - Nature of injuries caused to head of deceased with deadly weapons prove that they had assembled with common intention and not merely to threaten her or to deter her from practicing..........
Indian Penal Code, 1860, Section 307, 323, 341, 447, 34 -- Attempt to murder - Parties are closed relatives and are in joint possession of agricultural field - Incident occurred suddenly on a trivial issue - There is no premeditation - Accused party allegedly made assault over complainant party as a consequence of which victims received injuries - Medical evidence shows..........
Indian Penal Code, 1860, Section 307, 326, 341, 506B -- Attempt to murder - Kind of weapon used in the offence i.e small scissors will not fall within S.307 IPC - There is no pre-planned act as per fight on record - PW6, PW7 and PW8 were declared hostile - As per injury report there was a scratch below neck, incised wound on left thigh and a small cut below ribs - Offence..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Bail - Murder - Eye witness when tried to prevent assaulting victim, he was also taken in car and in his presence only inflicted the injuries and committed the murder - In such circumstances, individual role of each of accused cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A(2), 341 -- Anticipatory bail - Outraging modesty of woman - Delay of 2-1/2 years in lodging FIR - Delay in the matter of sexual offence though does not have much significance, but considering the fact that victim is a very educated lady, she should explain the delay satisfactorily -..........
Indian Penal Code, 1860, Section 341 -- Wrongful restrain - For applicability of the provision of S.341 IPC, it has to be proved that (i) there was obstruction by the accused; (ii) such obstruction prevented a person from proceeding in a direction to which he had a right to proceed; and (iii) the accused caused such obstruction voluntarily. - Obstructor must intend or know..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Indian Penal Code, 1860, Section 341, 323, 427, 34 -- Offence u/s 3(2)(v) of SC/ST Act and Ss.341, 323, 427, 34 IPC - Compromise - Incident took place out of sudden scuffle between parties - Compromise executed between parties without any undue influence - FIR quashed in face of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 342, 376(D), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Bail - Offence u/ss 341, 342 and 376(D) & Protection of Children from Sexual Offences Act, 2012, Ss.4, 8 - Grant of bail on the ground that accused is ready to deposit ad interim compensation of Rs.1 lakh in..........
