Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Conviction of 12 accused - Deceased was severally beaten and dragged from one house to another - Absence of blood trail on the way through where deceased was dragged by accused was not unnatural as in both the routes, there was mob of 30-35 people and soon..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against acquittal - Acquittal of 18 accused - No specific injury as sustained by deceased was attributed to any of accused - Neither any overt act of causing injury to any of injured witnesses has been attributed to accused - Prosecution failed its case against these accused beyond..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Stage contemplated u/s 452 Cr.P.C. is not with regard to conclusion of trial alone, whereas it includes the conclusion of inquiry also...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Gold ornaments - Since stage of inquiry is concluded and there is no charge against petitioner and accused No.1, Court has to return gold ornaments to petitioner - Even though gold ornaments belong to petitioner's wife, it was petitioner who pledged the gold ornaments and therefore, it has to be..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of certain weapons with blood stains immediately on the day after the incident on the disclosure statement of accused, mere fact that those recoveries were not supported by independent panch witnesses, is not a ground to doubt on said recoveries -..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of sole witness - All PWs not supported prosecution case except PW 12 wife of deceased - PW12 concentrated only upon roles of those accused who were directly responsible for having committed certain overt acts - Out of large body of 34 accused,..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482, Indian Penal Code, 1860, Section 147, 323, 504, 506, 452 -- Cognizance of offence - Offence u/ss 147, 323, 504, 506 & 452 IPC - Accused not summoned for the offence u/s 506 IPC - This in itself shows application of mind - No ground to quash proceedings...........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Inimical relations of PW5 and accused `S' - PW5, who has given direct evidence of rape, is an advocate and an accused in another rape case - He admitted that accused `S' and his brother lodged a case against him under the provisions of Protection of Forest Act - PW5 influenced the victim and her husband to lodged..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Character of victim though not relevant in the matter but reference can be made - Victim had lodged another rape case after six months of this incident, in which one of present accused `S' is also an accused and her husband, PW5 and brother of accused `S' are witnesses - More so, victim is also an accused in rape..........
Criminal Procedure Code, 1973, Section 452 -- Release of vehicle - Accused acquitted - State did not file appeal - Vehicle ordered to be released after verification of ownership subject to furnishing adequate security and after imposing certain conditions that in case appeal is filed by State and in case, vehicle is required at any stage, appellant shall undertake to..........
