Indian Penal Code, 1860, Section 304, 323, 504, 506, 147, 114 -- Offence u/ss 304, 323, 504, 506, 147, 114 IPC - Accused were nominated by informant of having assaulted PW1 and his grandfather - Deceased succumbed to injuries caused by lathi danda - Injuries were duly corroborated by medical evidence - Fatal injury on head of deceased caused his death on subsequent day of..........
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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149, 504, 506, 34 -- Bail - Murder - High Court granted bail to accused No.2 in serious offences without applying correct facts - High Court not at all appreciated the fact that all accused were charged for offences in question and all accused with a common intention..........
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..........
Criminal Procedure Code, 1973, Section 378(1)(3), Indian Penal Code, 1860, Section 325, 326, 114, 504 -- Appeal against acquittal - Leave to appeal - Offence u/ss 325, 326, 114, 504 IPC - Trial Court has rightly found that prosecution has miserably failed to establish case and has rightly acquitted accused - No compelling reasons or infirmity to interfere with order of..........
Indian Penal Code, 1860, Section 302, 34, 120B, 504, Explosive Substances Act, 1908, Section 3, 4 -- Double murder case - Bomb blast - Informant of case not supported case of prosecution - I.O also corroborated the fact that informant had not stated anything about bombs being thrown by accused - Two of the accused erroneously convicted and sentenced with death penalty and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Vague and bald allegations against brother-in-law and mother-in-law - No specific allegations of their involvement for the offence alleged - Proceedings against them quashed...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 504 -- Summoning of additional accused - Offence u/ss 307, 504 IPC - Accused was not only named in the FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 being indicative of complicity of accused and in particular their statements at the time of incident, accused..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- DNA test - Rape case - Question involved in the case was whether rape was committed on prosecutrix by accused - Neither there is any question that whether child that was born to prosecutrix was child of accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 436, 323, 324, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(V) -- Bail - Murder - Accused along with co-accused set on fire hutment of complainant resulting into death of 7 years daughter of complainant - He being in knowledge that..........