Indian Penal Code, 1860, Section 148, 149, 364A -- Nature of offence - S.363 of IPC punishes the act of kidnapping and S.364 thereof punishes the offence of kidnapping or abduction of a person in order to murder him - S.364A further adds to the gravity of the offence by involving an instance of coercive violence or substantial threat thereof, to make a demand for ransom -..........
Indian Penal Code, 1860, Section 302, 323, 324, 307, 148, 149, 506 -- Murder - Presence of mother of deceased on the spot of crime was not proved - None of eye witnesses were able to support prosecution case - Mother of deceased gave a completely different narration of events as compared to PW1 - She is thus, an interested witness and her evidence was not reliable - No..........
Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Testimony of PW1 - Two daughters of deceased `V' having seen assailants murdering their family members and also causing injury to one of them i.e PW1 - Injuries to PW1 have not been challenged - She fully supported prosecution case as narrated by her in her statement u/s 161 Cr.P.C - Even..........
Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Pressing of dog squad into service - Dog squad had been pressed into service as per FIR since names of assailants were not known - Even, at the time when PW1 was admitted to hospital, names of assailants had not been disclosed deliberately and for justifiable reasons - Daughters of deceased `V'..........
Indian Penal Code, 1860, Section 302, 307, 326, 323, 325, 148, 149 -- Murder - Discrepancies found in testimonies of eye witnesses - Prosecution failed to produce any independent witness to corroborate their version - Recovery of weapons not proved - Blood found on the clothes of accused is doubtful to be of deceased, as it is difficult to believe that accused were wearing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 148, 149, Arms Act, 1959, Section 25(1B) -- Bail - Attempt to murder - Accused is in custody since 2022 - Co-accused were already granted bail, which covers accused's case on the grounds of parity for the reasons that they are identically placed - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 148, 149, Arms Act, 1959, Section 25(1B) -- Bail - Attempt to murder - Bail granted to accused with condition that within 15 days of release from prison, accused shall procure a smart phone and inform its IMEI number and other details to SHO/I.O. of Police station concerned - Accused..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 342, 330, 385, 149 -- Sanction for prosecution - Offence u/ss 342, 330, 385, 149 IPC - Accused were working on different posts of Forest Department and were acting in discharge of their official duty at the time of incident - Court is thus, prevented from taking cognizance until and unless..........
Indian Penal Code, 1860, Section 307, 323, 326, 452, 506, 148, 149 -- Attempt to murder - Complaint lodged after 2 months from the incident - Explanation furnished for such delay not believable - Alleged eye witness of occurrence has stated that he had not seen the incident - Doctor who prepared MLR not examined - Accused did not have an opportunity to cross-examine said..........
Indian Penal Code, 1860, Section 308, 323, 504, 506, 147, 148, 149 -- Offence u/ss 308, 323, 504, 506, 147, 148, 149 IPC - Allegation that accused persons assaulted injured with lathi, danda and butt of country made pistol causing head injury - At the stage of framing charge, test of prima facie case has to be applied - Since, there is sufficient ground to frame charge in..........
