Indian Penal Code, 1860, Section 302, 324, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Place of incident not established - Testimony of injured eye-witnesses not corroborated by each other and even, medical evidence does not support their version - Presence of family members on spot not established - Moreover, Civil Surgeon frequently..........
Indian Penal Code, 1860, Section 452, 148, 323, 149 -- Offence u/ss 452, 148, 323, 149 IPC - Accused died due to head injury caused by accused `D'- Other accused had no role to play in the murder of deceased, therefore, they can only be charged with offence u/ss 452, 148, 323, 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - Eye witnesses asserted that accused `A-6'and other threw chilly powder upon deceased - However, doctor who conducted post-mortem examination of the bodies of deceased, categorically stated that he did not notice any chilly powder on any part of the bodies of deceased - Therefore, this..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - There is strong possibility of political intervention and glaring inconsistencies in the prosecution case, including registration and dispatch of the two FIRs, which give rise to likelihood of strong manipulation of the case by police - Even, version of prosecution as put forth opens the..........
Indian Penal Code, 1860, Section 307, 323, 325, 148, 149, 447 -- Offence u/ss 307, 323, 325, 148, 149, 447 IPC - Different versions given by different witnesses as regarding head injury given to injured - This creates a serious suspicion regarding prosecution story - Offence punishable u/s 307 IPC not proved beyond reasonable doubt - As regarding other offences, since..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326, 147, 148, 149, 504, 506, 307, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 326, 147, 148, 149, 504, 506, 307, IPC and S.25 of Arms Act - Accused is student and not hardened criminal - Incident took place at spur of moment, when he was on pleasure trip along with co-accused - Co-accused..........
Indian Penal Code, 1860, Section 147, 148, 149, 447 -- Unlawful assembly - Two persons facing charge - Minimum five persons are required for forming unlawful assembly - Proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Incident took place between two political groups during Ganpati festival - PW1 injured eye witness not disclosed incident and death of his uncle immediately to police, which casts reasonable doubt on veracity of his evidence - Considerable delay in reporting matter to police and registering FIR - No other eye witness to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 324, 325, 342, 354, 427, 379, 148, 149 -- Quashing of complaint - Complaint alleged that accused persons forcibly entered into his house and they were armed with daangs and gave daang blow on head and other parts of body and as soon as his wife came to rescue him, accused persons torn..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 382, 325, 323, 452, 427, 148, 149 -- Bail - Another FIR for offence punishable under Ss.459, 325, 341, 323, 506, 34 IPC has been registered at against petitioner for incident that took place after he was allowed interim bail in case and injuries suffered by complainant and that office of..........
