Indian Penal Code, 1860, Section 302, 34 -- Murder - Direct evidence of eye witnesses - Presence of eye witnesses on the spot is doubtful, as discrepancies were found in their statements regarding reaching the place of occurrence, time deceased left the house with or without food and third fire shot by accused before them - PW1, informant, himself denied his presence at..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 272, 273, 34, Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28, 36AC, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C) -- Bail - Recovery of 4000 bottles of Corex Cough syrup containing codeine - Though Central Government by its notification prohibit the manufacture,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Deceased died due to head injury which is not attributable to any of accused - Doctor opined that there is no injury to deceased by sharp edged weapon on head or any part of body of deceased - Moreover, there is no evidence on record to show, who caused injury on head of deceased - Even otherwise, there is no specific..........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 34 -- Mere allegation of S.467 IPC in the FIR or the complaint, in the absence of original documents claimed to be forged, does not debar police to apply S.41-A of the Code...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Main allegation of threat, harassment and wreaking vengeance upon deceased which finally drove him to commit suicide attributed to his wife/accused - Deceased left suicide note before ending his life in which he clearly narrated details of offensive, cruel and vengeance acts of accused, which instigated him..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Appeal against acquittal - Complainant party was not interested in lodging FIR and only after four days, they have decided to register FIR - Statement of doctor who conducted x-rays and MLRs of injured witnesses that possibility of self-inflicted injuries on all injured..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 34, Arms Act, 1959, Section 25, 27 -- Bail - Complainant states that accused fired shot which hit left foot of his daughter - From allegations in complaint it is apparent that shot which hit daughter of complainant was not fired by accused - Petitioner submits that two years ago, victim..........
Indian Penal Code, 1860, Section 326, 356, 34 -- Offence u/ss 326, 356, 34 IPC - Accused committed lurking house trespass during night and assaulted victim with brick bats and sharp cutting weapons which resulted in four sets of injuries including grievous injury - Head injury and impairment of right index finger by using dangerous weapons were caused to victim - Accused..........
