Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 143, 147, 148, 353, 333, 332, 436, 427, 149, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 20, Prevention of Destruction and Loss of Property Act, 1981, Section 2 -- Bail - Offence u/ss 143, 147, 148, 353, 333, 332, 436, 427, 149 IPC, Ss.16, 18, 20 of Unlawful Activities..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Indian Penal Code, 1860, Section 143 -- Unlawful assembly - Every assembly is not an unlawful assembly vis-a-vis right to assemble u/art 19(1)(b) of Constitution...........
Indian Penal Code, 1860, Section 143, 448, 504 -- Unlawful assembly - Delivering a speech or raising slogans does not constitute offence under IPC - Moreover, there is no evidence of violence or threats that could have disturbed public peace and order - Dispute in question remains a civil matter and allegations made do not constitute a criminal offence - Order taking..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149 -- Murder - Testimony of eye witnesses - PW-1 did not name accused Nos. 2 and 5 in the complaint but in the course of his deposition, he not only named them but also furnished minute details of the attack by each of them - There are contradictions and discrepancies in the depositions of eye witnesses - Motive of..........
Indian Penal Code, 1860, Section 302, 143, 147, 148 -- Murder - Unlawful assembly - Testimony of eye witnesses - PW1 and PW2 have spoken in one common voice that appellant was the one who stabbed the victim and that he succumbed to the injury caused by such stab - Medical evidence does support version of PW1 and PW2 - None of the discrepancies in the statements of PW1 and..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identification of accused - Incident is of the year 2006 and accused arrested in the year 2008 - Identification parade of accused not held and accused was shown to witnesses by police -..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Recovery of iron rod - Recovery effected after about 2 years and 2 months from the incident - Said iron rod also had blood stains as per prosecution - However it is difficult to believe as to how..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identity of accused - Possibility of mistaken identity cannot be ruled out - Motive of crime is attributed only to A-1 and not to present accused - Prosecution failed to prove the case beyond..........
