Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Murder - Petitioner though named in FIR but no role attributed to him - Co-accused already granted bail - Role attributed to petitioner is akin to that of co-accused and thus, treating the petitioner on same parity, he be released..........
Indian Penal Code, 1860, Section 302, 148, 149, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Medical evidence belie the assertion of witness PW1 that deceased could make an oral dying declaration - Crush and cut of blood vessels and nerves would cause an instant death - PW1, falsely stated that deceased had feebly uttered the names of accused - Oral..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Solitary eye witness - All witnesses who participated in the investigation turned hostile - PW3, who stated that he witnessed the occurrence is a made up witness, who was introduced later - Delay of 8 days in recording statement of PW3 is vital particularly when he had named only 6 persons as accused and he is not..........
Criminal Procedure Code, 1973, Section 193, Indian Penal Code, 1860, Section 341, 323, 325, 307, 452, 149, 147 -- Cognizance of offence - Offence u/ss 341, 323, 325, 307, 452, 149, 147 IPC - Sessions Judge not heard petitioners before summoning accused, which is prejudicial to them - Petitioners deprived of valuable right accrued in their favour as contemplated u/s 401..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 342, 149, 384, 511, 506 -- Anticipatory bail - Offence u/ss 341, 342, 149, 384, 511, 506 IPC - Specific allegations against petitioner that he organizing Dharnas/Demonstrations etc. outside the school premises regarding hike of fee structure - Various other educational institutions have..........
Indian Penal Code, 1860, Section 326, 147, 148, 149, 427, 506 -- Offence u/ss 326, 147, 148, 149, 427, 506 IPC - Property dispute - None of PWs named the present accused as the persons who assaulted any person belonging to complainant party - Injured witness only named accused `M' (since deceased) - Material contradictions and inconsistencies in the testimony of public..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 379B, 324, 325, 341, 506, 148, 149 -- Anticipatory bail - Offence u/ss 307, 326, 379-B, 324, 325, 341, 506, 148, 149 IPC - Allegations prima facie indicating a brutal attack on complainant resulting in multiple grievous injuries with sharp edged weapons at the hands of present accused or..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 148, 149 -- Summoning of additional accused - Statement of PWs not giving rise to any prima facie material which would create reasonable prospectus of conviction of petitioners or would provide material to form higher degree of satisfaction, than prima facie case required for summoning of..........
Indian Penal Code, 1860, Section 307, 326, 147, 149 -- Attempt to murder - Order framing charge - Prima facie case is made out against accused u/s 307 IPC - Trial Court rightly framed charge u/ss 307, 326, 147, 149 IPC - No interference warranted...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A, 3(1), 3(2), 3(3), 3(4), Indian Penal Code, 1860, Section 120B, 302, 147, 148, 149 -- Sanction for prosecution - Sanctioning Authority admitted that he did not know Tamil and did not go through entire records which were in Tamil - Sanctioning Authority has not applied his mind to records in its..........
