Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 3(2)(V), Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Special Court - Cognizance of offence - Offence u/s 3(2)(V) of SC/ST Act and Ss.302, 147, 148, 149 IPC - Special Court created u/s 14 of SC/ST Act is also conferred with power of Sessions Judge - Even if an offence is found..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of sole eye witness/PW8 - Prior enmity between parties - PW8 stated that she identified accused in the light of torch, but there is no recovery of torch - There are material contradictions, omissions and/or improvements in statement of PW8 recorded u/s 161 Cr.P.C as well as deposition before Court - No other..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II), 148, 149, Explosives Act, 1884, Section 9B(2) -- Nature of offence - Bomb Blast - Accused assaulted PW6 prior to hurling of bombs at his family - Deceased died due to bomb injury at the time when family of PW6 were returning from place where assault on PW6 occurred - Act of hurling bombs was in very close..........
Indian Penal Code, 1860, Section 304(Part II), 148, 149, Explosives Act, 1884, Section 9B(2) -- Offence u/ss 304(Part II), 148, 149 IPC and S.9-B(2) of Explosives Act - Offence were committed about four decades back - Accused at present are of advanced age - Sentence of accused u/s 304(Part II) IPC modified to R.I of 5 years with enhancement of fine of Rs.50,000 in respect..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 365, 285, 148, 149, 452, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner does not want to continue with petition after arguing for some time - Bail application dismissed as withdrawn - However, since the petitioner is in custody since June 2018 and only one PW out of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 506, 148, 149, 120B -- Anticipatory bail - Offence u/ss 323, 452, 506, 148, 149, 120-B IPC - Injuries found on injured were in the nature of lacerated wounds, therefore it will certainly be debatable as to whether same were caused with sword, as alleged in the FIR - Petitioner have..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Testimony of sole eye/child witness - Name of accused not mentioned in FIR - Contradictions were found in statement of child witness - Mother of child and wife of deceased has categorically denied to know reason for which deceased was murdered - Motive of crime thus, not proved - Guilt..........
Indian Penal Code, 1860, Section 307, 323, 324, 147, 148, 149, 447, 427 -- Attempt to murder - Framing of charge - Injury caused to injured by use of sharp weapon is located on the head, which is a vital part of body - Intention of assailants was to commit murder and nothing short of that - Whether or not accused were acting in their right of private defence, would have to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 353, 186, 283, 188, 160, 148, 149, Arms Act, 1959, Section 25, 57, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(t), 3(2)(v) -- Prevention of Damage to Property Act, 2014, S.3 - Bail - Weapons of all the four accused were recovered and..........
