Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, Indian Penal Code, 1860, Section 394 -- Cognizance of offence u/s 394 IPC - Cannot be taken only on basis of affidavits of witnesses filed by complainant...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 342, 325, 394, 34 -- Bail - Attempt to murder - Three key witnesses of prosecution have been declared hostile - Appellant is behind bars for more than 2 years and only 5 out of 17 PWs have been examined till date - Bail granted with conditions...........
Indian Penal Code, 1860, Section 323, 342, 394 -- Offence u/ss 323, 342, 394 IPC - Applicants have abused and assaulted complainant and his companions merely because his car got rubbed with vehicle in which applicants were travelling - Version of complainant is supported by medical examination reports of injured persons - Applicants also damaged mobile phone of complainant..........
Indian Penal Code, 1860, Section 394, 397, 460 -- Offence u/ss 394, 397, 460 IPC - Mere fact that there is dispute regarding direction of injury, same cannot prove fatal to prosecution case, particularly when there is no dispute as to how and in what manner the injury was caused...........
Indian Penal Code, 1860, Section 394, 397, 460 -- Offence u/ss 394, 397, 460 IPC - Testimony of eye witnesses - Occurrence took place in night and PW1 and PW3, real brother and father respectively, being immediate family members are natural eyewitnesses of occurrence - PW2 who is a neighbour and has reached the spot with torch upon hearing noise of hue and cry raised by..........
Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - Investigating Officer did not narrate the exact words spoken by accused at the time of making disclosure statement - He also did not state that accused led him to place where articles were hidden and rather stated that..........
Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - No evidence that recovered articles were sealed at the time of recovery or that they were kept secure in the Malkhana of police station till the same were subjected to identification before Executive Magistrate -..........
Indian Penal Code, 1860, Section 302, 394, 411, Arms Act, 1959, Section 25 -- Murder - Name of assailants not mentioned in FIR - PWs recognized accused first time in Court - In the absence of Test Identification Parade, dock identification was an absolutely useless piece of evidence - PW2 stated that accused was introduced to her in Thana and that she was able to recognize..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Recovery of pistol from accused - Nothing on record either in the form of statements of witnesses or even medical report that pistol was ever used - Nothing was recovered from accused as per memo prepared at the time of his personal search - However, in..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Two witnesses who reached the spot on a tractor did not support prosecution case - Improvement in statement of complainant which makes the case of prosecution doubtful - Material witness who is named in FIR and on whose arrival at the scene of crime..........
