Indian Penal Code, 1860, Section 302, 325 -- Murder - Medical evidence against deceased - Eye witnesses PW5 and PW6 have claimed that deceased was assaulted by accused `C' with a pati - Weapon of assault has also been recovered in this case i.e pati, but two doctors categorically stated that injury of deceased can only be caused by a sharp weapon and cannot be caused by a..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Medical evidence against injured - Prosecution has not examined treating doctor, under whose treatment injured was admitted in hospital - Rather, report was prepared by doctor who had not treated the injured - Medical evidence against injured produced by prosecution is not adequate enough to connect accused with..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Petitioner was out of reach of police for about 27 years - He was in the same area and avoided his arrest and managed affairs in such a manner for 27 years - Petitioner was declared PO and was arrested in 1990 - There is possibility that petitioner had been..........
Indian Penal Code, 1860, Section 354A, 354D, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Offence u/ss 354-A, 354-D, 323, 504, 506 IPC and Ss.7, 8 of POCSO Act - Victim herself stated that some accident took place and that led to some altercation between parties, due to which parents of victim lodged report - This generates doubt..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 120B -- Quashing of summoning order - Offence u/ss 406, 120-B IPC - Court below while summoning accused did not look into entire material in terms of police report which is on record and also did not question and try to elicit as to whether articles were demanded - No statement with regard to..........
Indian Penal Code, 1860, Section 84 -- Plea of unsoundness of mind or mitigating circumstances like juvenility of age, ordinarily ought to be raised during trial itself - Belated claims not only prevent proper production and appreciation of evidence, but they also undermine genuineness of defence case...........
Indian Penal Code, 1860, Section 394, 84, Arms Act, 1959, Section 25 -- Robbery - Plea of unsoundness of mind - No deposition was made by any witness, nor did accused himself claim any such impairment during his statement u/s 313 Cr.P.C - On the contrary, conduct of accused running away from the spot of crime as well as attempt to escape from bus, evidence an elevated..........
Indian Penal Code, 1860, Section 394, Arms Act, 1959, Section 25 -- Robbery - Crime of robbery with hurt has been established by testimony of PW1 and other evidence on record - Complainant had no motive to falsely implicate accused - Refusal to participate in TIP proceedings and lack of any reasons on the spot, undoubtedly establish accused's guilty conscience and ought to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 120B - - Attempt to murder - Allegations against accused are of causing burn injuries to her husband/victim by pouring some inflammable liquid and then putting him on fire and incident shows pre-meditated mind of accused - Version given by victim is fully supported by statement of his father..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 297, 454, 353, 186, 342, 270, 120B, 188, Prevention of Damage to Public Property Act, 1984, Section 4, Disaster Management Act, 2005, Section 51 -- Anticipatory bail - Allegation that a group of persons locked certain staff of medical and para-medical team inside a room and thereafter removed body..........
