Indian Penal Code, 1860, Section 302, 342, 354, 323, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s), 3(2)(5) -- Murder - Grant of bail - Accused have beaten deceased when he was tied by pipe and belt - He sustained serious multiple injuries and consequently he died - Eye witnesses identified the accused in..........
Indian Penal Code, 1860, Section 302, 324, 149, 147, 148, 201 -- Murder - Common object - Accused was carrying no weapon and he did not assault anybody - Only evidence of his involvement is that he pointed to the house where deceased was hiding - Mere fact that accused was not brave enough to conceal where victim was hiding did not make him a part of unlawful assembly -..........
Indian Penal Code, 1860, Section 324, 147, 148, 149, 143, Explosive Substances Act, 1908, Section 3 -- Offence u/ss 324, 147, 148, 149, 143 IPC and S.3 of 1908 Act - Material contradictions in the statements of PWs 1, 2, 7, 8 u/s 161 Cr.P.C with that of evidence tendered in Court regarding incident, identity of others who alleged to be members of unlawful assembly - If..........
Indian Penal Code, 1860, Section 324, 147, 148, 149, 143 -- Offence u/ss 324, 147, 148, 149, 143 IPC - Identification of accused in dock - Where all the accused were directly known by PWs, that by itself does not take away requirement of proper identification in dock - There was thus, failure to properly identify accused in dock - Dock identification is thus, improper and..........
Indian Penal Code, 1860, Section 147 -- Rioting - Use of force even though of slightest possible character by any one member of assembly, once established as unlawful, constitutes rioting...........
Indian Penal Code, 1860, Section 147 -- Rioting - Accused persons are found to be members of unlawful assembly in prosecution of common object i.e `to snatch voters list and to cast bogus voting' - Active participation of accused at the time of incident has been established and proved by prosecution by examining independent witnesses and injured witnesses - All accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 504 -- Quashing of proceedings - Offence u/ss 323, 147, 504 IPC - Compromise arrived at between parties - Dispute in question is private dispute - Proceedings quashed...........
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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 188, 147, 148, 153, 323, 505, 435, 120B, 34 -- Bail - Murder - Prima facie no material is available with prosecution from statements of eye witnesses or video clips of mobile phones to show that petitioners were part of mob which caused unlawful activity at Gali No.1 resulting in..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Where victim herself denied allegation of rape in her statement u/s 164 Cr.P.C, rejection of bail by Courts below is highly inappropriate -..........
