Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Case of prosecution mainly relied upon testimonies of two eye witnesses - Injuries suffered by eye witnesses and fact that those injuries were noticed by doctors soon after the incident, sufficiently prove the presence of eye witnesses at the time of occurrence - Testimonies of eye witnesses are quite cogent and..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Circumstantial evidence - Serious discrepancies in statement of PWs regarding presence of deceased at home or at the place of incident - Informant alleged that accused dropped deceased home after killing him, which too is against normal human behaviour - Neither there is any clear motive for accused to administer..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 324, 328, 34 -- Anticipatory bail - Offence u/ss 376-D, 323, 324, 328, 34 IPC - Merely because petitioner had not sought pre-arrest bail when FIR was registered and was subsequently cancelled cannot be termed to be a circumstance to deny bail to petitioner, at a subsequent stage in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 354, 506, 34 -- Quashing of FIR - Allegation of beating complainant and his wife and outraging modesty of wife of complainant - FIR cannot be quashed merely on the ground that it was lodged as a counter blast to the complaint of accused against complainant - Allegations whether..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 341, 324, 147, 148, 149, 427, 504, 506 -- Bail - Double murder case - Accused is a history sheeter and is having criminal antecedents - He is involved in double murder of having killed the father and brother of informant - Trial of cases is at the crucial stage of recording evidence..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Offence u/s 324 IPC and S.23 of JJ Act - Accused being a teacher had no intention to cause hurt to student/complainant - Alleged incident occurred when accused attempted to bring attention of accused to class - No material on record that accused caused any..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
Indian Penal Code, 1860, Section 302, 324, 149, 147, 148, 201 -- Murder - Common object - Accused was carrying no weapon and he did not assault anybody - Only evidence of his involvement is that he pointed to the house where deceased was hiding - Mere fact that accused was not brave enough to conceal where victim was hiding did not make him a part of unlawful assembly -..........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Hostile eye witness - Triple murder case - Honour killing - Unlawful assembly - Evidence of PW1 was initially recorded and she narrated sequence of events and involvement of accused in the..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Informant initially mentioned the names of only 35 persons and 10 days thereafter he implicated 19 other persons - Accused contended that 19 persons who were made..........
