Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 452, 506 -- Bail - Unnatural offence - Dispute for exchange of money - Prima facie accused and victim were in consensual relationship for a period of 2 years - There are applications for lodging FIRs against each other - Accused is in jail since 13.1.21 - Considering material on record,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B, Information Technology Act, 2000, Section 66 -- Bail - Cheating - Fake degree racket - Petitioners had created fake domains, fake websites of not only complainant university but of numerous other educational institutions/universities throughout country and..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Accused `B' executed axe blow on deceased's head knowing fully well that axe blow on old woman's vital body part would in all probability cause her death - Fact that deceased died due to head injury was consistent and undisputed throughout FIR and deposition by PWs - Same is also supported by post mortem report and..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Testimony of eye witnesses - Eye witnesses given over exaggerated version of injuries suffered by deceased - However, eye witnesses consistently deposed head injury which proved to be fatal was caused by accused `B' - Statements of eye witnesses to this extent is consistent and in conformity with medical evidence on..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Place of incident - Plea that spot of incident was doubtful as there was blood trail outside house as deposed by ASI - Plea carries no force as presence of random blood marks elsewhere cannot put in doubt the fact that incident happened in the house of complainant from where same witness recovered sticks, bloodstained..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Time of death of deceased - Prosecution stated that deceased died on spot owing to injuries - Doctor besides stating that time between death and postmortem was within 10 hours has also deposed that time between death of deceased and injury was within 5-10 minutes, thereby supporting prosecution witnesses - No doubt..........
Indian Penal Code, 1860, Section 326, 323, 452 -- Offence u/ss 326, 323, 452 IPC - Complainant and other two eye witnesses consistently accusing accused `B' for murder of deceased and accused `A' for grievously hurting injured - Ocular version of these witnesses is duly corroborated by medical evidence on record - Accused `A' thus, rightly convicted u/ss 326, 323, 452 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Injury on the person of one accused - I.O. specifically stated that when they tried to arrest accused, he sustained injuries - It cannot be said that prosecution has failed to explain injury on accused...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Place of Incident - Incident in question not disputed by accused - Place of occurrence of incident has been established and proved by prosecution - Accused failed to lead any evidence that incident had occurred near the door of house of one of accused - Place of recovery of dead body and recovery of blood stained etc. is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Specific role attributed to accused and he was specifically named in FIR - Testimony of PW4/eye witness is trustworthy and reliable - Defence of accused is not probable - Incident in question not disputed by accused - Non-examination of independent witnesses not fatal to prosecution case - No evidence led to prove false..........
