Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Recovery of sticks - Murder case - Injuries on person of deceased were not connected with sticks and injuries on other injured persons were not necessarily result of beatings..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Murder - Prior civil litigation pending between parties - Strained relations and enmity between both the parties established - In view of such strained relations between parties, complainant party appears to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 506, 148, 149, 302, 201, 323 -- Interim medical bail - Offence u/ss 307, 326, 452, 506, 148, 149, 302, 201, 323 IPC - As per medical advice, petitioner is still required to undergo complete bed rest, it shall be open for him to file an application by annexing all medical records in..........
Indian Penal Code, 1860, Section 302, 427, 452, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Murder - Accused denied their presence at the place of occurrence - However, accused suffered injury at the place of occurrence, which they denied - Presence of accused at the place of occurrence held, proved - Evidence of eye witnesses qua A-2, A-4, A-5, A-8..........
Indian Penal Code, 1860, Section 302, 427, 452, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Murder - Recovery of articles at the instance of A-10 to A-13 - Recoveries are said to have been made from house of PW21 having no connection with A-10 - Recovery of such an incriminating article was made from a place that might also be accessible to PW21 is..........
Indian Penal Code, 1860, Section 143, 147, 148, 427, 452, 302, 149, Explosive Substances Act, 1908, Section 3 -- Murder - Conviction - The High Court upheld the conviction of A2, A4, A5, A8, and A9 for offences under Sections 460, 148, 302 read with 149 IPC and Section 427 IPC and Section 3 of the Explosives Substances Act and allowed by overturning the acquittal qua A10..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 395, 143, 147, 149 -- Anticipatory bail - Murder - Specific acts attributed against accused that they participated in assaulting deceased - Medical opinion and FSL report also corroborate weapons used by accused as mentioned by witnesses in their statements - There exists sufficient..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Where accused had assembled, taking arms weapons and were parties to assault then prosecution is not obliged to prove each specific overt act done by each of accused - In such circumstances every member of unlawful assembly is responsible for an offence committed by any member or other members in prosecution of..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - Non-examination of second I.O - PW7/I.O who investigated the case at initial stage of investigation visited the place of occurrence and picked up blood stained soil from the spot - Therefore, presence of blood at the spot proves an occurrence and corroborates to ocular evidence with respect..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 147, 148, 149, 34, 120B, Arms Act, 1959, Section 25, 30, 3 -- Grant of bail - Matter remitted for fresh adjudication on account of factors like : (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by..........
