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 302, 307, 352, 149, 147, 148, 504, 34 -- Bail - Double murder as a result of fire arm injury - Role of first respondent emerged during course of investigation, followed by filing of charge sheet - First respondent on being granted bail failed to co-operate in the expeditious disposal of trial..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 147, 148, 149, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Fourteen accused persons were involved in the crime and fire arms weapons were used - Offences alleged to have been committed by accused are crime against society - Even in such case, if settlement is..........
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..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Fire arm injury - Death of deceased by fire arm injury is not disputed and is proved by post mortem report - Place of occurrence was outside the residence of deceased - Disappearance of empty cartridges from the spot is explained as a number of villagers had gathered on the spot and had access to place of occurrence -..........
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..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Testimony of mother of victim/PW2 - Allegation that accused went to house of PW2 and called him outside, when PW2 came out, accused fired at him with country made pistol - Incident took place in the night - PW3/mother of PW2 not acquainted with accused - It seems highly improbable..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Recovery of motorcycle and country made pistol - Recovery effected from house of PW2 based on disclosure statement of accused as per Sub Inspector - However, seizure witnesses have given varying statements regarding the same - PW5 declared hostile by prosecution, as he stated that..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - There is absence of independent evidence corroborating statements made by complainant/PW2 - Serious doubts regarding recovery of alleged motorcycle and country made pistol - Even, there is no connection proved between alleged recovered items and incident - More so, plausible version..........
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..........
