Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Injured witness not specifically named accused - However, mere fact that one of injured witnesses may not have mentioned the name of accused does not demolish the evidence of other eye witnesses, particularly when the presence of accused at the place of occurrence is proved by two eye witnesses - Accused..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Dead body of deceased was found to have a large number of gun shots, multiple shot wounds - Some bullets penetrated and exited the body - Injured also medically examined by doctor, who had found gunshot wounds, pellet injuries etc. - Injuries suffered by deceased were sufficient to cause death - Prosecution..........
Indian Penal Code, 1860, Section 307, 323, 325, 149, 148, 147, 143, 504, 506(2) -- Attempt to murder - Injuries sustained by complainant not serious - Injured has not given name of any other accused and he has changed his version time and again - There are contradiction in the weapons used in the scuffle as well as attempt of over implication of persons by complainant so..........
Indian Penal Code, 1860, Section 353, 341, 506, 188, 149 -- Assaulting public servants and restraining them from discharging their official duties - An improvement for the reason that the same does not find place either in the FIR or in the statement of complainant recorded u/s 161 Cr.P.C. - It would be futile exercise even if the matter is put to trial - Proceedings..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 148, 149, 323, 342, 506, 307, 302 -- Bail - Offence u/ss 148, 149, 323, 342, 506, 307, 302 IPC - Provision of S.12 of the Act had not even been considered and it was not even remotely observed therein that case of appellant is covered by any one of exceptions -..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, Arms Act, 1959, Section 25(1B), 4 -- Murder - Accused nos. 1 to 4 gave fatal blows on chest and head of deceased - Deceased died as a result of injuries suffered on the head and in chest - None of other accused was stated to have given any blow to deceased - Accused nos. 1 to 4 were attributed clear and overt acts -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 325, 326, 147, 148, 149 -- Anticipatory bail - Murder - Accused not named in two charge sheets filed - CBI is relying upon statements of five PWs, but statement of two witnesses belatedly recorded and other witnesses not named the accused - Anticipatory bail granted - However, accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 328, 341, 148, 149, 120B -- Bail - Offence u/ss 302, 328, 341, 148, 149, 120-B IPC - Petitioner is 55 years of age and is not involved in any other case - Nothing is recovered from petitioner - There are 22 witnesses out of which 16 witnesses are yet to be examined an thus, trial is likely to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 323, 506, 307, 325 -- Bail - Offence u/ss 147, 148, 149, 323, 506, 307, 325 IPC - As per version of co-accused, petitioner had not been mentioned in complaint to be one of the persons, who had participated in incident - Question as to whether, as per medical opinion, S.307 IPC is..........
Indian Penal Code, 1860, Section 307, 336, 452, 148, 149, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of FIR - Compromise arrived at between parties - However, reasons mentioned for compromise are not valid reasons for entering into compromise - Complainant made statement on oath in which he simply stated that..........
