Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 427, 148, 149, Arms Act, 1959, Section 25, 27, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Second bail application - Murder - Where delay in finishing trial is attributable to accused, benefit of same cannot be given to accused so as to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 307, 341, 148, 149 -- Summoning of additional accused - Murder - Name of proposed accused were specifically mentioned in FIR with specific role attributed to them - High Court failed to appreciate fact that for attracting offence u/s 148 IPC only forming part of unlawful assembly is..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323, 452, 506, 149 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.323, 452, 506, 149 IPC - Accused forcibly entered into house of complainant and beaten him and uttered words naming his caste and also threatened to kill him - Offence..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Dispute between family members in respect of sharing of trees - Deposition of daughter, wife of A-1 and injured witness along with documentary evidence on record and medical evidence is natural, trustworthy and acceptable - There is no reason for wife of A1 to depose against her own husband making serious allegations -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 148, 149 -- Anticipatory bail - Offence u/ss 323, 452, 148, 149 IPC - Allegation that 12 persons entered the house of complainant at about 8.15 pm armed with dangs, lathis, baseballs and spades in threatening, intimidating and inflicted injuries on complainant and on other family members..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Incident occurred in the dead of night when about 70 persons had gathered at the house of deceased - Presence of accused is established at the place of occurrence - PW1 stated that criminals stayed there for about 2 hours and maarpit continued for about 1 hour - It is thus, apparent that when criminals came to..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 307, 323, 342, 147, 148, 149, 508 -- Cancellation of bail - Double murder case - Accused granted bail on basis of parity with co-accused - However, bail granted to co-accused was cancelled - Since bail was sought by accused on a footing of parity, bail granted to accused also stands..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149 -- Bail - Double murder case - Accused specifically named in FIR, which was lodged shortly after the incident - Father and uncle of complainant died - Issue as to whether there was a grave and sudden provocation is a matter of trial - High Court was not justified in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 332, 353, 186, 379B, 307 -- Bail - Offence u/ss 148, 149, 332, 353, 186, 379-B, 307 IPC - Petitioner along with some workers were making a peaceful protest outside factory premises regarding non-payment of wages - Whether line for peaceful protest was crossed in alleged incident or not,..........
