Indian Penal Code, 1860, Section 309, Criminal Procedure Code, 1973, Section 468 -- Attempt to commit suicide - Order taking cognizance - Offence in question is punishable with a maximum imprisonment of one year - FIR was registered in the year 2013 and Court below has taken cognizance in the year 2016, without assigning any reason and thus, same is barred by law - Order..........
Indian Penal Code, 1860, Section 326, Criminal Procedure Code, 1973, Section 439 -- Bail - Grievous hurt caused by biting with teeth - Human teeth cannot be termed as a dangerous weapon capable of causing death - Offence u/s 326 IPC held, not attracted and only an offence u/s 325 IPC would be attracted, which is bailable offence - Bail granted...........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal or conviction - Delay - Courts do not ordinarily dismiss an appeal against a judgment and order of trial Court whether of conviction or acquittal on sole ground of some delay in a criminal case involving serious offence of murder...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Cause of death as per post mortem report is electric shock - Apparent inconsistencies, inaccuracies and inherent improbabilities in the statements of witnesses related to deceased - Other PWs turned hostile - Oral evidence of I.O is totally vague and devoid of particulars - There is no eye witness to incident -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 201, 204, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d), Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused was not named in FIR and during investigation he had fully cooperated and participated and his statement u/s..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Multiple oral dying declarations - Murder - Oral testimony of PW1, PW2, PW5, PW6 being member of deceased's family as to dying declarations shows that testimonies of all these vital witnesses as to disappearance of victim and her coming back home late at night was inconsistent and contradictory - There..........
Indian Penal Code, 1860, Section 302, 307, 379, 148, 149, Arms Act, 1959, Section 25 -- Murder - Parole - Accused sought parole for four weeks to be with his newly wedded wife and other family members as well as his ailing mother - However, benefit of parole cannot be granted to accused, as large number of criminal cases are registered against him - Accused is the head of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married lady - Prosecutrix engraved tattoo of name of accused on her forearm - Contention that tattoo was engraved forcefully rejected, as it is not easy to make a tattoo on forearm if there is some resistance from other side - As regarding allegation that prosecutrix..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Custodial death - Weapon of offence - Wooden lathi and batten are weapons which are usely possessed by police - Submission cannot be accepted that injuries cannot be caused by wooden lathi and batten, which may cause death, as it depends on manner of use of wooden lathi and batten...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Custodial death - Weapon of offence not shown to PW1 during trial for identification - Wooden lathi and batten are weapons of police force and injuries being caused to deceased by these weapons, found by both trial Court and High Court - Non-showing to PW1 the same, cannot impeach credibility of evidence of PW1..........
