Indian Penal Code, 1860, Section 304(Part I), 149, Evidence Act, 1872, Section 32 -- Offence u/ss 304(Part I), 149 IPC - Dying declaration - Dying declaration of deceased was recorded on next day of occurrence - Since deceased was having stab injury by a knife, there was possibility of danger to his life and therefore by way of prudence, if dying declaration was recorded..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 149, 148, 147, 109, 212, 216, 201, Arms Act, 1959, Section 25(IA), 25(IAAA), 25(1B)(a), 25(1B)(c), 27(3), 30 -- Bail - Murder - Accused is the main person who is behind the conspiracy and he is responsible for commission of murder of Mayor - He arranged the vehicles and masks etc. to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 323, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 25, 29B, 30 -- Anticipatory bail - Murder - Accused main conspirator in the case - He was absconding not only in present case but also in another FIR registered against him - Custodial interrogation of accused appears to be..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 323, 324, 354, 147, 149, 506 -- Juvenile - Bail - Murder - Juvenile is below 18 years of age and has no criminal history - Role of juvenile and adult co-accused who is already granted bail having identical role - There is no justification to hold juvenile..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 149, 148, 147, 307 -- Summoning of additional accused - Murder - Complainant who is also an eye witness of incident identified accused in the CCTV footage and stated his role in the alleged crime - Trial Court thus, not committed any error in summoning accused to face trial like other accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 148, 149 IPC - Matter between parties dissolved by entering into compromise - Offence u/ss 307, 148, 149 IPC is not compoundable u/s 320 Cr.P.C - However, all the accused are in their formative years of their lives - Considering..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 326 -- Bail - Murder - Accused not named in FIR - He had been nominated on basis of statements of injured witnesses and also on basis of disclosure statements of co-accused, admissibility of which would be debatable - Accused has been behind the bar for a substantial..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Accused Nos.1 to 3 were identified by eye witnesses and injured eye witnesses - There are no major/material contradictions in the deposition of eye witnesses and injured eye witnesses - Merely because witnesses were relatives of deceased, their evidence cannot be discarded solely on that..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Overt acts of accused Nos.4 to 11 are different than that of accused Nos.1 to 3 - Case of accused Nos.4 to 11 is not comparable with case of accused Nos.1 to 3 - Moreover, findings recorded in respect of acquittal of accused Nos.4 to 11 are on appreciation of evidence on record and view..........
