Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 302, 325 -- Interim bail - For attending marriage of his sister - Offence u/ss 120-B, 148, 149, 302, 325 IPC - Father of petitioner has already expired and presence of petitioner is necessary at the time of marriage of his sister - Moreover, not only presence of petitioner on date..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Merely because two fatal injuries noticed during post mortem of dead body of deceased, would not bring case within any exception to hold that it was a case of culpable homicide not amounting to murder, particularly, when offence of murder was otherwise proved on record...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Mere presence of three accused at the scene of crime, cannot be basis to record a finding of guilt against any of them by applying S.34 IPC, particularly when proved chain of circumstances is not enough to establish their complicity in causing fatal injuries to deceased to which he eventually..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Circumstantial evidence - No evidence on record regarding common intention of three accused or prior meeting of their minds to kill deceased - Even there is no evidence to show that these accused were wielding lathis or had assaulted deceased by lathi - For want of clinching evidence to indicate..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Involvement of accused `D' in crime proved on record, particularly on account of recovery of weapon from his house, which was used to assault deceased - No explanation given by accused for the same except claiming to be innocent - Medical evidence does indicate that two injuries fatal and each of..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused claiming parity with co-accused who was acquitted - Acquittal of co-accused by giving benefit of doubt by itself can be no ground to discard otherwise reliable evidence which remained unshaken pointing towards complicity of accused in commission of crime - No fault therefore, can be found in impugned order of..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased suffered as many as 67 injuries most of which were incised wounds caused by sharp weapon like sword - Medical evidence shows that deceased died due to multiple injuries and shock as a result of multiple fractures described in post mortem report - Participation of accused in giving fist blow and continuing assault is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 202, 34 -- Bail - Offence u/ss 302, 201, 202, 34 IPC - Out of 24 prosecution witnesses, 13 witnesses examined - Complainant not supported case of prosecution - Nothing has come in statements of witnesses recorded so far - Trial may take time to conclude thus, no purpose would be served..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident happened all of a sudden - PW3 stated that her father had hit her mother in fit of anger with ghotna - Accused inflicted two blows on head of deceased - He had no intention to kill deceased since weapon used was only ghotna - PW3 and PW4 had not tried to intervene effectively in the matter -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of eye witnesses - A-4 fired on abdomen of deceased - Non-recovery and no, production of weapon would not materially affect the prosecution case...........
