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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 506, 149 -- Bail - Abetment of suicide - Cancellation of bail as accused absented and no convincing ground furnished in exemption application - As it is first default on the part of accused as such in the event accused surrenders before trial Court within a period of 10 days and..........
Indian Penal Code, 1860, Section 302, 307 -- Double murder case - Mere trivial contradictions regarding absence of empty cartridges etc. at the place of incident and plea of alibi is not tenable, where prosecution case is based on reliable and trustworthy set of eye witnesses whose evidence is corroborated by evidence of Medical jurist and other attending circumstances -..........
Indian Penal Code, 1860, Section 302, 307 -- Double murder case - Testimony of eye witnesses - Evidence of eye witnesses is categoric on the aspect that gunshots fired by accused struck deceased on his stomach and chest - Nothing could be elicited in their cross-examination which creates a doubt in the mind of Court regarding presence of eye witnesses at the crime scene -..........
Indian Penal Code, 1860, Section 302, 307 -- Double murder case - Testimony of eye witnesses - PW12 himself received injuries in the incident - He truthfully accepted his role in the incident stating that in self defence he fired gunshots which shot two assailants leading to their death - Prosecution thoroughly explained the injuries received by persons from the side of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 342, 506(ii), 294(b), 147, 148, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(b) -- Bail - Murder - Accused along with co-accused committed gruesome murder by tying the innocent persons for injured hens and cocks - Accused seems to..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim turned hostile and did not support prosecution case - However, in her cross-examination victim admitted that she was injured and taken to hospital - PW4 and PW6 are co-villagers and their presence at the time of occurrence was not challenged by defence - They are natural and competent witnesses who had seen..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 324, 34 -- Anticipatory bail - Attempt to murder - Investigation of case is still going on and I.O is yet to file the charge sheet - Accused is a young person who is a student and he had agreed to bind himself with any conditions fit to be imposed by Court - Anticipatory bail granted with..........
