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, 323, 148, 149, 460 -- Murder - Collective culpability - Nine accused tried and eight of them acquitted - Sole accused convicted under the provision of collective culpability, which too is unsustainable in law - Even otherwise, there is no evidence on record to prove guilt of accused as PWs stated that accused was having an axe but..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Deceased and daughter of accused eloped and entered into inter caste marriage - Accused committed murder of deceased - Twice bail application of accused rejected and matter travelled to Supreme Court - Once Supreme Court declined to..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149, 504, 506 -- Juvenile - Bail - Murder case - Petitioners are minor girls and there is no material either in report of Probation officer or any other material placed before Board or before Appellate Court that their release is likely to..........
Indian Penal Code, 1860, Section 302, 149, 427, 447, 323 -- Murder - Trivial with regard to grazing of cattle - Appellants were grazing their cattle in fields of `P' - But they were not armed with weapons and had no common object to murder - Deceased assaulted with lathi and axe which are common objects kept by villagers - Nature of head injury on deceased confirms that..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, 323 -- Murder - Unlawful assembly - Common object - Accused no.1 arrived at the scene of occurrence with nine armed men out of which three were equipped with knives and rest were equipped with sticks - Incident occurred as a result of cold blooded plan to murder deceased - Nature of injury inflicted on the vital..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Conviction - Sudden altercation between two parties - Accused `B' and `S' reached place of occurrence with deadly weapons - No evidence on record to prove that there was any other accused armed with deadly weapons - Mere recovery of lathis at instance of other accused, does not prove that they had common..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 452, 323, 506 -- Murder - Property dispute - Deceased died due to head injury when she rescued her son PW1 from accused who allegedly assaulted PW1 with stones, danda and fist blows - PW1 himself admitted that accused were unarmed - Relations between accused and PW1 were inimical - Incident occurred when complainant..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Delayed FIR - Murder - All male members of family of deceased were injured in the incident - Deceased was in a serious condition - Priority for complainant party and police was to provide him immediate medical aid and not to lodge report - Report lodged after death of..........
Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Testimony of injured and eye witnesses - Several assailants were involved in the crime - All of a sudden they came and entered into the house of complainant armed with various weapons, inflicted injuries to several persons including deceased in quick succession in a time..........
