Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of proceedings - Production of call record details to contend that accused was not present at the time of occurrence - Proceedings cannot be quashed when there are disputed questions of fact which require evidence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 295A -- Bail - Offence u/s 295-A IPC - Admittedly, petitioner is ailing and is suffering from bipolar disorder and schizophrenia from year 2017 onwards - In view of her mental condition, it would be a matter of adjudication during trial as to whether she had necessary mens rea to commit offence in..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 324, 34 -- Benefit of probation - Offence u/ss 324, 34 IPC - Accused are first offenders and aged persons - Appeal against conviction is of the year 1984 - Benefit of probation thus, given to accused...........
Indian Penal Code, 1860, Section 307, 324, 34 -- Nature of offence - Intention to commit murder was of PW2 and not to the injured as per statements of PW1 and PW2 - Testimony of PW1 and PW2 shows that there was no motive for accused who have committed the crime - Presence of accused is admitted at the place of occurrence - However, there is nothing on record to show that..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Testimony of mother of victim/PW2 - Allegation that accused went to house of PW2 and called him outside, when PW2 came out, accused fired at him with country made pistol - Incident took place in the night - PW3/mother of PW2 not acquainted with accused - It seems highly improbable..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Recovery of motorcycle and country made pistol - Recovery effected from house of PW2 based on disclosure statement of accused as per Sub Inspector - However, seizure witnesses have given varying statements regarding the same - PW5 declared hostile by prosecution, as he stated that..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - There is absence of independent evidence corroborating statements made by complainant/PW2 - Serious doubts regarding recovery of alleged motorcycle and country made pistol - Even, there is no connection proved between alleged recovered items and incident - More so, plausible version..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - There was no premeditation and there was an altercation between deceased and accused - Deceased questioned as to whether his revolver was filled with bullets or not and whether his fire arm was working or not - Possibility of accused being short tempered responding in an unfortunate manner cannot be..........
Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - As per allegations made by complainant in FIR, he is paramour of deceased-wife of complainant - However, there is nothing on record showing that petitioner has any criminal antecedents - Out of 12 prosecution witnesses 2 material witnesses including complainant already stands examined and possibility of..........
