Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Identification of accused - If an accused is not named in FIR, his identification by witnesses in Court should not be relied upon specifically when they did not disclose name of accused before police - But to this general rule, there may be exceptions...........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Non-conducting of Test Identification Parade - When no specific allegation was levelled against some of accused in FIR, then obviously it was duty of prosecution to prove its case beyond reasonable doubt by leading evidence of identification before Court..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Medical evidence - Medical Evidence does not support case of prosecution - PW1 was not medically examined and he deposed that he did not suffer any visible injury - Admittedly, PW2 and PW3 were medically examined by Doctor, but due to non examination of..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Major discrepancies and contradictions found in statements of PWs - Thus, statements of PWs qua genesis of incident cannot be relied upon, as witnesses examined by prosecution are highly interested witnesses - Admittedly, place of occurrence was a busy..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 333, 353, 504, 506, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Murder - Applicant is in jail since last 4 years - Serious allegations were made against applicant - Being a police officer he has misused the trust which has led to death of his colleagues - Trial is..........
Indian Penal Code, 1860, Section 353, 341, 506, 188, 149 -- Assaulting public servants and restraining them from discharging their official duties - An improvement for the reason that the same does not find place either in the FIR or in the statement of complainant recorded u/s 161 Cr.P.C. - It would be futile exercise even if the matter is put to trial - Proceedings..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Indian Penal Code, 1860, Section 341, 143, 147, 149, 353, 504, 506 -- Offence u/ss 341, 143, 147, 149, 353, 504, 506 IPC - Quashing of FIR - Role of petitioner nowhere mentioned in FIR - Even if Court presumes petitioner present at the spot, it would still not lead to an automatic inference of her acting with a common object with those who had inflicted fist blows, hurled..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 143, 147, 149, 506, 188 -- Anticipatory bail - Illegal extraction of sand - Accused reached on the spot at later stage - Though act of accused to reach on the spot in late hours may be sufficient to draw some nexus between accused and persons actually indulging in act of extraction of sand -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 -- Anticipatory bail - Offence u/ss 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 IPC - Applicant is 65 years old - Prima facie there is no material to show that applicant had quarreled with police or had pelted stone at..........
