Indian Penal Code, 1860, Section 302, 34, 324 -- Murder - Accused had come prepared with lathi along with others who had carried toka, axe, gandasi - This fact is corroborated by fact that blood smeared lathi was recovered from possession of accused - Evidence establishes participation of accused in commission of offence with co-accused - Accused was the first one who..........
Indian Penal Code, 1860, Section 302, 307, 324, 326, 34 -- Murder - Testimony of sole eye witness/PW6 - Inconsistencies and contradictions were found in evidence of PW6 - PW6 claimed to have sustained injuries on account of assault committed upon him - He was examined on next day, however, PW11 opined that age of injury was within one hour - Injuries which could be self..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Investigation of case is in progress - Merely because wife of accused is pregnant and her due date of delivery is expected soon as per..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Clash between two groups and there is murder of each person in each group - There is not only damage to public property but also damage..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 324, 34 -- Benefit of probation - Offence u/ss 324, 34 IPC - Accused are first offenders and aged persons - Appeal against conviction is of the year 1984 - Benefit of probation thus, given to accused...........
Indian Penal Code, 1860, Section 307, 324, 34 -- Nature of offence - Intention to commit murder was of PW2 and not to the injured as per statements of PW1 and PW2 - Testimony of PW1 and PW2 shows that there was no motive for accused who have committed the crime - Presence of accused is admitted at the place of occurrence - However, there is nothing on record to show that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Common intention - Accused had given knife blow on neck of deceased which resulted into death of deceased on next day - Considering opinion of doctor, weapon used in committing offence and body part where knife blow was given, accused had intention to cause death while deceased was caught hold by two other accused -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 452, 323, 324, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 452, 323, 324, 148, 149 IPC - Matter has been compromised and complainant have no objection in case FIR is quashed - Statement of complainant and injured person have been made voluntarily without any fear, coercion or..........
