Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Unlawful assembly - Five accused collectively came to house of deceased along with deadly weapons with common object of committing murder of deceased - Merely because gun shot fired by accused did not enter body of deceased or was misfired, accused cannot be said to be..........
Indian Penal Code, 1860, Section 120B, 302, 307, 324, 326, 124A, 438, 440, Explosive Substances Act, 1908, Section 3, 4, 6, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Claim for parity - In the instant case, petitioner planted bomb in Samjhauta express resulting in death of 68 persons - Petitioner claiming parity with another accused who has..........
Indian Penal Code, 1860, Section 120B, 302, 307, 324, 326, 124A, 438, 440, Explosive Substances Act, 1908, Section 3, 4, 6, Evidence Act, 1872, Section 25 -- Bail - Petitioner claimed bail on ground that he is in prison for past 6 years and no evidence is available against him - However, out of 299 witnesses, more than 260 witnesses has already been examined - Trial Court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34 -- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder - Initially case was registered u/s 324 IPC and where after injured were referred for medical treatment - Deceased died after 4 days of incident on account of unhygienic medical treatment - Persons who came on spot and saved injured not examined by prosecution - Weapon of assault recovered from open..........
Indian Penal Code, 1860, Section 147, 148, 447, 323, 324, 302, 307, 149 -- Murder - Conviction - Appreciation of evidence - Quarrel over harvesting millet crop - Sudden fight - No common object of unlawful assembly - Eye-witnesses failed to establish as to how many injuries were received by deceased and with what weapon - Death due to coma, as a result of head injury,..........
Indian Penal Code, 1860, Section 302, 307, 326, 34, 147, 148 -- Murder - Testimony of injured witnesses - Accused allegedly 11 in number committed murder of deceased and injured two persons - Injured witnesses implicated each of accused in their evidence - Evidence of PW1 and PW2 specifies injuries caused by each of accused on deceased as well as themselves - Weapons used..........
Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34, Railways Act, 1989, Section 145 -- Murder - Transfer of investigation to CBI - Deceased stabbed to death in train after argument over seat - Complainant not able to show that there are serious flaws in investigation which lead to the conclusion that same is shoddy or tainted - Moreover, there is nothing on..........
Indian Penal Code, 1860, Section 84, 302, 307, 309, Evidence Act, 1872, Section 3 -- Insanity - Offence u/ss 302, 307, 309 IPC - Appreciation of evidence - Witnesses specifically stated that accused was suffering from mental disorder for last near about 2 years prior to date of incident - Even, these witnesses were neither declared hostile nor anything has been elicited..........
Indian Penal Code, 1860, Section 302, 307, 309 -- Offence u/ss 302, 307, 309 IPC - Recovery of blood-stained farsa and shirt - Cannot be considered to be incriminating circumstances in absence of evidence...........
