Indian Penal Code, 1860, Section 304(Part I), 324, 149, Explosive Substances Act, 1908, Section 3, 4, 5 -- Offence u/ss 304(Part I), 324, 149 IPC - Bomb blast - Injuries sustained by accused persons were duly explained by prosecution - Pellet injuries as sustained by A-3 were as a result of explosion of bomb which was handed by A-2 - As a result of incident, two deceased..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 341, 216, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 148, 341, 216, 149 IPC and S.25 Arms Act - No recovery effected from petitioner - Even, there is no eye witness account - All material witnesses have been examined - Trial may take time to conclude -..........
Indian Penal Code, 1860, Section 302, 148, 149, Arms Act, 1959, Section 25, 27 -- Murder - Enmity between two families - Prosecution alleges that six accused shot deceased - However, involvement of only two accused `O' and `R' proved on the basis of eye witnesses - Incident is witnessed by PW1 and PW2 - They did not intervene due to fear - Evidence of eye witnesses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 148, 149, 506, 326 -- Bail - Offence u/ss 307, 148, 149, 506, 326 IPC - Total 11 prosecution witnesses are there and injured and complainant have been examined therefore, trial may take long time to conclude - Considering custody of petitioner which is more than one year and four months, bail..........
Indian Penal Code, 1860, Section 304(Part II), 324, 341, 147, 148, 149 -- Offence u/ss 304(Part II), 324, 341, 147, 148, 149 IPC - Fifteen named accused and some unnamed accused were mentioned in complaint itself - However, no motive alleged in the complaint - No independent witnesses examined apart from injured witnesses to prove prosecution case - Even injured witnesses..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Test Identification Parade (TIP) - Delay of 55 days in conducting TIP - Murder case - Prosecution did not take any effort to arrest or interrogate accused for 6 weeks despite their involvement was brought to light - No reasonable explanation given for inordinate delay of 55 days in..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Incompatibility between post mortem report and FSL report - Post-mortem report describes that there were only two wounds in the body of deceased, one being entry and other exit wound - Allegedly a bullet was still recovered from ashes of deceased - FSL report shows that bullet was charred and blistered - This..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Defective investigation - Place of occurrence not ascertained - Prosecution failed to examine one person which was also injured in the same incident - No independent witness adduced by prosecution - Though charges u/s 307 IPC is framed but prosecution failed to substantiate the same by means of evidence -..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of A-1 and A-2 at the time of incident established and proved beyond doubt - Role attributed to them also proved and established by prosecution by leading cogent evidence - Testimony of eye witnesses fully supports prosecution case - Defence propounded by these accused rightly discarded by Courts below..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Role of A-5, A-6 and A-7 in commission of crime - Prosecution failed to prove beyond doubt that A-5 fired from his firearm, which missed as alleged - No evidence on record in the form of recovery of weapon or even missed bullet - A-5 thus, entitled to be acquitted on ground of benefit of doubt - So far as A-6 and..........
