Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 186, 188, 427, 436, Prevention Of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Offence u/ss 147, 148, 149, 186, 188, 427, 436 IPC and Ss.3, 4 of Prevention of Damage to Public Property Act - Co-accused already granted bail - Case of petitioner cannot be distinguished..........
Indian Penal Code, 1860, Section 302, 149, 427, 447, 323 -- Murder - Trivial with regard to grazing of cattle - Appellants were grazing their cattle in fields of `P' - But they were not armed with weapons and had no common object to murder - Deceased assaulted with lathi and axe which are common objects kept by villagers - Nature of head injury on deceased confirms that..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 149, 324, 436, 427, 452 -- Double murder - Unlawful assembly - Appeal against conviction - Testimonies of material witnesses as regarding assault on deceased difficult to believe, in absence of reliable evidence - Though presence of accused along with other acquitted accused is established on record, but in the..........
Indian Penal Code, 1860, Section 447, 427, 34 -- Offence u/ss 447, 427, 34 IPC - Civil and criminal dispute - Quashing of FIR - Petitioner along with other persons trespassed in the agricultural land of complainant and destroyed the property over there - Police after thorough investigation found involvement of petitioner in the commission of crime - Simply because some..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 420, 406, 120B -- Concurrent running of sentences - Petitioner sentenced in six cases - If an order with regard to concurrent execution of sentence is not passed, petitioner will have to languish behind bar for about 18 years - Keeping in view charges proved against accused, it is not proper to..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 379, 414, 34 -- Concurrent running of sentences - Theft case - Accused convicted and sentenced in 12 different matters including present case - Total length of sentences in aggregate would be around 19 years - Maximum sentence in respect of present crime is 2 years R.I - All the sentences shall..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Concurrent running of sentences - Honour killing - Accused convicted and sentenced to undergo fixed term of 25 years u/ss 302, 34 IPC, and 10 years of R.I u/s 364 IPC and also sentenced to undergo R.I for 4 years u/s 201 IPC and to pay fine of Rs.2000 and in default of payment..........
Indian Penal Code, 1860, Section 435, 427, 447, 342 -- Witness in cross examination confronted with statement recorded u/s 161 Cr.P.C. - There are substantial improvements from version recorded by police - Trial Court did not appreciate statement in light of earlier statement recorded by police - Trial Court also overlooked the discrepancy and contradiction available in..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 427, 447, 506, 120(b), 34 -- Sanction for prosecution - Corruption case - Where misconduct is in some different capacity than the one which is held at the time of taking cognizance, there will be no necessity to take the sanction...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 427, 447, 506, 120(b), 34 -- Sanction for prosecution - Corruption case - Where public servant had abused office which he held in the check period but had ceased to hold that office or was holding a different office, then sanction would not be necessary...........
