Indian Penal Code, 1860, Section 394, 302, 460, 34 -- Robbery and murder - Criminal conspiracy - Testimony of PW5 - PW5 overheard conversation between all accused about criminal conspiracy - However, PW5 has not taken the name of present accused - Accused is not mentioned as one of persons who used to visit deceased's father though three of other accused were named - No..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 143, 147, 149, 506, 188 -- Anticipatory bail - Illegal extraction of sand - Accused reached on the spot at later stage - Though act of accused to reach on the spot in late hours may be sufficient to draw some nexus between accused and persons actually indulging in act of extraction of sand -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 325, 354, 506, 34, 120B -- Anticipatory bail - Offence u/ss 325, 354, 506, 34, 120-B IPC - Big quarrel between accused's group and rival group - Accused admittedly is a social worker and other accused are working in police department and they will never intervene in investigation of case or..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 18, 18A, Indian Penal Code, 1860, Section 307, 354B, 323, 324, 504, 149, 143, 147, 148 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.307, 354-B, 323, 324, 504, 149, 143, 147, 148 IPC - No specific abuse..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 399, 402 IPC - Petitioner was never arrested at the spot - Five persons who were stated to be making preparation for committing dacoity were all apprehended at the spot - Petitioners is stated to be nominated only on basis of..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27, Criminal Procedure Code, 1973, Section 157 -- Non-compliance of S.157 Cr.P.C. - Murder - Eye witnesses correctly identified accused and also narrated motive, which would be a corroborative factor - Clothes worn by eye witnesses were seized and as per chemical examination report presence of human blood..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Murder had taken place in a residential locality and deceased was a well known person and a local politician - Presence of huge crowd assembled at the spot - Field unit was stayed at the spot after the incident - Lapse on part of field unit in no, mentioning name of deceased would not justify..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Claim of parity - Co-accused acquitted, as he used a local fire arm but police had not recovered empty cartridges or pellets from spot - Post mortem also does not refer to any pellet injuries - He was given a benefit of doubt - Accused not entitled to same benefit and thus rightly convicted...........
Criminal Procedure Code, 1973, Section 190, 204, Indian Penal Code, 1860, Section 500 -- Offence u/s 500 IPC - Order of summoning - Court while taking cognizance and passing order of summoning has not mentioned as to what are the materials against accused - Order passed in a mechanical way - Impugned order not passed in consonance with provisions of law and thus, set aside..........
Indian Penal Code, 1860, Section 498A -- Cruelty u/s 498-A IPC - Not a offence simpliciter and its ingredients is to be proved by requisite evidence...........
