Indian Penal Code, 1860, Section 324, 147, 148, 149, 143, Explosive Substances Act, 1908, Section 3 -- Offence u/ss 324, 147, 148, 149, 143 IPC and S.3 of 1908 Act - Material contradictions in the statements of PWs 1, 2, 7, 8 u/s 161 Cr.P.C with that of evidence tendered in Court regarding incident, identity of others who alleged to be members of unlawful assembly - If..........
Indian Penal Code, 1860, Section 324, 147, 148, 149, 143 -- Offence u/ss 324, 147, 148, 149, 143 IPC - Identification of accused in dock - Where all the accused were directly known by PWs, that by itself does not take away requirement of proper identification in dock - There was thus, failure to properly identify accused in dock - Dock identification is thus, improper and..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 201, 149, 120B -- Bail during pendency of appeal - Appeal against conviction - Murder case - High Court while granting bail to accused not at all appreciated and considered the fact that trial Court on appreciation of evidence convicted accused - There is total lack of clarity on submissions,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 427, 148, 149, Arms Act, 1959, Section 25, 27, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Second bail application - Murder - Where delay in finishing trial is attributable to accused, benefit of same cannot be given to accused so as to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 307, 341, 148, 149 -- Summoning of additional accused - Murder - Name of proposed accused were specifically mentioned in FIR with specific role attributed to them - High Court failed to appreciate fact that for attracting offence u/s 148 IPC only forming part of unlawful assembly is..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323, 452, 506, 149 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.323, 452, 506, 149 IPC - Accused forcibly entered into house of complainant and beaten him and uttered words naming his caste and also threatened to kill him - Offence..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Dispute between family members in respect of sharing of trees - Deposition of daughter, wife of A-1 and injured witness along with documentary evidence on record and medical evidence is natural, trustworthy and acceptable - There is no reason for wife of A1 to depose against her own husband making serious allegations -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 148, 149 -- Anticipatory bail - Offence u/ss 323, 452, 148, 149 IPC - Allegation that 12 persons entered the house of complainant at about 8.15 pm armed with dangs, lathis, baseballs and spades in threatening, intimidating and inflicted injuries on complainant and on other family members..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Incident occurred in the dead of night when about 70 persons had gathered at the house of deceased - Presence of accused is established at the place of occurrence - PW1 stated that criminals stayed there for about 2 hours and maarpit continued for about 1 hour - It is thus, apparent that when criminals came to..........
