Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 148, 149, 120B -- Out of total 31 prosecution witnesses, 18 witnesses have been examined meaning thereby, all material witnesses have been examined - No specific injury has been attributed to petitioner - Seven co-accused have been already released on bail - Trial may take time to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Case of blind murder based on circumstantial evidence - Dead body not identified by complainant - Recovery of knife does not relate with commission of offence - Human blood stated to be found on knife and handkerchief used by deceased but it has not been compared..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 34 -- Bail - Murder case - High Court while granting bail has not applied its mind - Consideration as recorded by High Court are good enough for denial of bail - Trial not yet concluded - Only 3 out of 13 witnesses examined - Bail application rejected - However, it will..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Evidence of medical officer shows that he noticed multiple external and internal injuries on the person of deceased - Thus, evidence of medical officer shows that death of deceased was homicidal - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Evidence on record shows that at the instance of accused no.1 dead body of deceased was recovered from the place which was exclusively within his knowledge - Even, evidence of medical officer who conducted postmortem shows that injuries noticed on..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Only evidence brought on record against accused no.2 is that on the day of incident he purchased on e rum bottle which cannot be said to be incriminating circumstance - Even, recovery of other articles at the instance of accused no.2 is not useful to..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Disappearance of evidence - Family of deceased as well as testimony of driver of hired Indica Car establishes that deceased was last seen in the company of accused - Evidence pertaining to call records and phones and SIM cards seized from accused also establish that they made several..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Disappearance of evidence - Death sentence - Rarest of rare case - Offence committed in pre-mediated manner and involved in heartless betrayed of trust of deceased, who was first cousin of accused - But this is not a sufficient reason to bring it within ambit of rarest of rare cases,..........
Indian Penal Code, 1860, Section 302, 307, 324, 326, 448 -- Murder of three minor children and also caused serious injury to fourth minor child - Accused not a previous convict or a professional killer - Motive of accused to commit murder and eliminate family of co-brother is out of family dispute - Case does not fall within category of rarest of rare case warranting death..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 302 -- Adverse inference - Murder case - Victim last seen in the company of accused when victim offered chocolates to accused - No explanation forthcoming from statement of accused u/s 313 Cr.P.C as to when he parted company of victim - Even no explanation is there as to what happened after he getting..........
