Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 143, 147, 149, 341, 427, 448, 120(b) -- Sanction for prosecution - Offence u/ss 143, 147, 149, 341, 427, 448, 120(b) IPC - Main object of unlawful assembly or hatching criminal conspiracy was to restrain petitioner from entering in the shop premises and then to evict him therefrom - Offence..........
Indian Penal Code, 1860, Section 302, 326, 341, 147, 148, 149 -- Murder - Unlawful assembly - Conviction cannot be set aside merely on the grounds that some of weapons were not recovered, expert opinion relating to blood stain and no, examination of some of witnesses, when the offence against accused were otherwise proved by eye witnesses and medical evidence...........
Indian Penal Code, 1860, Section 302, 326, 341, 147, 148, 149 -- Murder - Unlawful assembly - Common object - Eye witnesses to the occurrence cumulatively stated the specific role played by each one of five accused - All five accused ran away from the spot after causing severe injuries to deceased and injured witnesses - Motive for offence which resulted assault on..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Non-production of independent witness - Merely because no independent witness is produced by prosecution, case of prosecution should not be thrown overboard particularly when PWs supported prosecution case and two person immediately at the time of incident rushed to police and submitted their written..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Recovery of blood stained articles at the instance of accused - Blood stained lathi, iron pipe recovered at the instance of accused and blood group found on these articles matched with blood group of deceased - Wearing apparels of deceased were also sent to FSL - All these recoveries, conclusively link..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Deceased subjected to severe beatings at the hands of accused which led to their death - Dead bodies of deceased were dragged by accused and after that lying in the house of one of accused - On hearing hue and cry, all the witnesses rushed to the place of incident and saw the incident - PWs proved..........
Indian Penal Code, 1860, Section 302, 341, 506(ii) -- Murder - Deceased receiving 16 stab wounds on his body, soon thereafter deceased lost consciousness - Both the carotid artery and jugular vein were found cut and was sufficient in the ordinary course of nature to have caused death - Assault was deliberate and designed to achieve the death of deceased - Evidence of PW1..........
Criminal Procedure Code, 1973, Section 340, 341 -- Order passed u/s 340 Cr.P.C. by Civil Court - Appeal against - Lies before an Appellate Court on the civil side and not before Sessions Court u/s 341 Cr.P.C...........
Indian Penal Code, 1860, Section 376, 341 -- Rape - Prosecutrix was 60 years old at the time of incident while accused was aged 17-18 years - Doctor who examined prosecutrix specifically stated that nothing was found to show that prosecutrix was subjected to sexual intercourse - Prosecutrix stated that her sari was torn in the incident but said sari was not produced before..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506 -- Anticipatory Bail - Petitioner granted bail earlier but offence u/s 307 IPC added later on - In MLR alleged history of injuries given as road side accident - As per FIR injuries given by knife and also with broken bottle - On the same facts petitioner was earlier arrested and..........
