Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - If right of speedy trial is infringed then howsoever serious the crime may be, Court may consider the plea for bail appropriately...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Accused in custody since 1.11.2022 - Charge framed in the year 2024 - Not a single witness examined till date - If right of speedy trial is infringed then howsoever serious the crime may be, Court may consider the plea for bail appropriately - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 307, 386, 506, 482, 411, 120B, Arms Act, 1959, Section 25(6), 27 -- Bail - Attempt to murder - Prosecution proposes to examine 23 witnesses to drive home charges against appellant, but none has been examined - Trial is likely to take some time to conclude - Almost two years have passed..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal - Deceased allegedly died due to head injury - However, there is complete lack of any evidence on the part of prosecution to demonstrate the manner in which accused had allegedly committed murder of deceased - Findings of acquittal of accused of charge u/s 302 IPC cannot be reversed - Acquittal..........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Cruelty - Deceased died an unnatural death within three months of her marriage - However, prosecution has miserably failed to prove that she was subjected to cruelty or harassment with regard to demand of dowry or even otherwise before her death - It is neither a case of murder or of dowry death - Acquittal..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Long standing political enmity between families of main accused and deceased - All accused persons had alighted from bus together armed with firearms, thus they were part of unlawful assembly and had arrived at the bus stand with a common object - Movement of accused persons in said manner is..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Medical evidence - Post mortem report and statement of Doctor who conducted post mortem clinchingly prove that deceased suffered multiple gunshot wounds - About 40 pellets were recovered from body of deceased - All injuries were caused by firearms and were sufficient to cause death - Simply for..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Evidence proves that main accused fired at deceased at bus stand, which hit his elbow and that deceased suffered multiple gunshot wounds - Thus, involvement of not only main accused but also other accused who were carrying firearms is duly established - Mere fact that independent witness did not..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appreciation of evidence - Recovery of weapons of assault is not sine qua non for convicting an accused as entire evidence on record is required to be taken into consideration...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appreciation of evidence - Absence of recovery of weapons of assault would not weaken the case of prosecution in the presence of other evidence on record that is found reliable...........
