Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Overt acts of accused Nos.4 to 11 are different than that of accused Nos.1 to 3 - Case of accused Nos.4 to 11 is not comparable with case of accused Nos.1 to 3 - Moreover, findings recorded in respect of acquittal of accused Nos.4 to 11 are on appreciation of evidence on record and view..........
Indian Penal Code, 1860, Section 307, 326, 324 -- Nature of offence - Incident occurred due to quarrel - Accused never intended or he knew that he likely to cause any grievous hurt or he intended to cause death of PW4 and PW5 - He has taken a defence that there was altercation and scuffle between PW4 and PW5 and they fell down - Such explanation to some extent cannot be..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Sentence - Accused was in judicial custody for a period of more than 9 months - Considering the facts and circumstances of case, evidence on record and relationship of accused with PW4 and PW5 and under circumstances in which hurt is caused, period of judicial custody already undergone by accused during period..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Case of prosecution mainly relied upon testimonies of two eye witnesses - Injuries suffered by eye witnesses and fact that those injuries were noticed by doctors soon after the incident, sufficiently prove the presence of eye witnesses at the time of occurrence - Testimonies of eye witnesses are quite cogent and..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Circumstantial evidence - Serious discrepancies in statement of PWs regarding presence of deceased at home or at the place of incident - Informant alleged that accused dropped deceased home after killing him, which too is against normal human behaviour - Neither there is any clear motive for accused to administer..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 324, 328, 34 -- Anticipatory bail - Offence u/ss 376-D, 323, 324, 328, 34 IPC - Merely because petitioner had not sought pre-arrest bail when FIR was registered and was subsequently cancelled cannot be termed to be a circumstance to deny bail to petitioner, at a subsequent stage in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 354, 506, 34 -- Quashing of FIR - Allegation of beating complainant and his wife and outraging modesty of wife of complainant - FIR cannot be quashed merely on the ground that it was lodged as a counter blast to the complaint of accused against complainant - Allegations whether..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 341, 324, 147, 148, 149, 427, 504, 506 -- Bail - Double murder case - Accused is a history sheeter and is having criminal antecedents - He is involved in double murder of having killed the father and brother of informant - Trial of cases is at the crucial stage of recording evidence..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Offence u/s 324 IPC and S.23 of JJ Act - Accused being a teacher had no intention to cause hurt to student/complainant - Alleged incident occurred when accused attempted to bring attention of accused to class - No material on record that accused caused any..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
