Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 302, 323, 458, 285, 460, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 302, 323, 458, 285, 460 IPC and Ss.25, 27 Arms Act - Name of petitioner is not mentioned in FIR but he has been implicated on basis of disclosure statement made by co-accused - Single witness has not been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 353, 186, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 353, 186, 148, 149 IPC and Ss.25, 27 Arms Act - As per prosecution, petitioner was member of unlawful assembly, which fired towards police party in order to prevent it to discharge its official duty - However, no..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1959, Section 25 -- Police encounter case - Gunshot - Absence of independent corroboration - Presence of public witness is not always necessary, but looking to surrounding and attendant circumstances and facts of case, it was expected from raiding party to have called at least some person to stand witness - Weapons i.e..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Recovery of weapons - Weapons were recovered from scene of offence but not at the instance of accused persons - No evidence to corroborate the case of prosecution that said weapons were used in the commission of offence - Recovery witnesses turned hostile - Recovered weapons not sent for examination by FSL - Recovery,..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Evidence of PW1 to PW5 discarded being not proved - Recovery of MO also not proved, as recovery witnesses turned hostile - Inconsistency found between ocular evidence and medical evidence in respect of injuries to alleged eye witness and deceased and weapons used - Prosecution failed to prove its case - Accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 149, 201, 218, 120B -- Bail - Offence u/ss 302, 307, 148, 149, 201, 218, 120-B IPC - As per prosecution, photographs coupled with report of mechanic who had inspected motorcycle and various other circumstances and discrepancies in statements of prosecution witnesses, it is evident..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of eye witnesses - Accused many in number came to the house of deceased with deadly weapons like swords, knife, motor cycle chain and sticks etc. - Brother of deceased/PW2 being unarmed would have naturally become frightened and may not have dared to interfere - Evidence of eye..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of weapons - Swords were recovered on the disclosure statements of accused persons - Chemical Analysis Report showed that blood-stains found on the quilt seized from the scene of occurrence was that of blood group `A' - `A' blood group was also detected on swords which were..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Deceased sustained as many as 26 injuries - Eye witnesses consistently spoke about incident that accused were armed with deadly weapons - Overt acts of accused is corroborated by medical evidence and also by recovery of weapons - Presence of mud on thighs and legs does not raise doubt about..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Medical evidence - Report of FSL as well as Ballistic Experts - FSL reports disclose that samples collected from scene of offence had blood stains of human origin - However, blood stains were disintegrated by time of bloodstains were examined by FSL, blood group could not be..........
