Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of eye witnesses - Eye witnesses PW1 and PW2 stated that all the accused who were alleged to be wielding country made pistols had fired upon deceased - However, post mortem report indicates only one fire arm injury which is not consistent with the case of prosecution that all the accused had fired upon..........
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 149 -- Common object - Accused charged for the offences punishable u/s 149 IPC - Their presence established and it is stated that they were part of unlawful assembly - Individual role and/or overt act by individual accused is not significant and/or relevant...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149, 504, 506, 34 -- Bail - Murder - High Court granted bail to accused No.2 in serious offences without applying correct facts - High Court not at all appreciated the fact that all accused were charged for offences in question and all accused with a common intention..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 323, 506, 148, 149 -- Bail - Attempt to murder - Injury on left hand of complainant has been attributed to petitioner - Challan stands presented, but charges are yet to be framed - Petitioner is in custody since 10.7.2020 - Trial of case would take time to conclude - Co-accused..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Deceased and complainant coming together on a scooter when accused attacked deceased - Deceased was inflicted injuries by accused but complainant did not receive a single injury - Presence of complainant is highly doubtful at the place of occurrence - Accused were armed with rifle and hockey stick, but medical..........
Indian Penal Code, 1860, Section 323, 325, 149, 148 -- Offence u/ss 323, 325, 149, 148 IPC - Reduction of sentence - On parity basis - All the accused collectively caused injuries to PW1 to PW5 in furtherance of their common object - High Court has let off other five accused on sentence which already undergone to them - However, no reason given by High Court as to why same..........
Indian Penal Code, 1860, Section 149 -- Common object - Involvement of five or more persons right from inception is clearly mentioned in the case - Names of A-1 and A-2 were specifically mentioned in the FIR and presence of three other persons were also mentioned - PWs specifically stated the number of persons involved in the crime - Merely because A-3 and A-4 were..........
Indian Penal Code, 1860, Section 302, 342, 354, 323, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s), 3(2)(5) -- Murder - Grant of bail - Accused have beaten deceased when he was tied by pipe and belt - He sustained serious multiple injuries and consequently he died - Eye witnesses identified the accused in..........
Indian Penal Code, 1860, Section 302, 149, 148, 342 -- Murder - Informant and his family members were not there either at the time of occurrence or till arrival of police - They do not appear to be witnesses of occurrence - PWs declined to disclose the identity of assailants to police at the spot - In such circumstances, chances of concoction after deliberation cannot be..........
