Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 307, 337, 326, 379, 504, 147, 148, 149, Arms Act, 1959, Section 27 -- Anticipatory bail - Offence u/ss 323, 341, 307, 337, 326, 379, 504, 147, 148, 149 IPC and S.27 of Arms Act - No proclamation and declaration with regard to petitioner u/s 82(4) Cr.P.C that he is an absconder -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Murder case - Petitioner is evading his arrest for last more than 2 years - He did not appear even after dismissal of his first anticipatory bail application - Innocence of petitioner is yet to be proved before competent Court -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of sole eye witness - Where conduct of eye witness is inconsistent with ordinary course of human nature, it would not be safe to convict accused upon uncorroborated testimony of sole eye witness - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Disclosure statement - Recovery of tip of knife - Tip of knife which was recovered on disclosure statement of accused was broken and it was not pointed but blunt - Whether type of stab and incised wound found on body of deceased could have been inflicted by a knife with a broken tip, is..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of PW1 and PW11 - PW1 and PW11 are brothers of deceased, who are alleged to be eye witness of incident - Accused were only armed with hockey sticks and a knife not with any fire arms - However, unnatural conduct of PW1 and PW11 during and after the incident is extremely doubtful, as..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Medical evidence - 15 injuries stated to be inflicted by three accused on body of deceased within a short span of 5 minutes - Inflicting 15 injuries on body of deceased by three accused would require a considerable amount of time, particularly when deceased being a normal healthy person..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 274, 275, 420, Drugs and Cosmetics Act, 1940, Section 18(a)(i), 27 -- Bail - Offence u/ss 274, 275, 420 IPC and Ss.18(a)(i), 27 of Act of 1940 - Considering facts and circumstances of case, larger mandate of Art.21 of Constitution and without expressing any opinion on merits of case, applicant be..........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of knife and rope - Recovery effected on disclosure statement of accused - PW4 and PW5 categorically stated in their deposition that recovery effected with the help of sniffer dogs - However, said fact is neither mentioned in FIR nor I.O in..........
Drugs and Cosmetics Act, 1940, Section 32, 22, 23, 25, 27, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 154, 190, 173 -- Offence under Chapter IV of Act of 1940 - Police Officer cannot submit report u/s 173 Cr.P.C...........
Civil Procedure Code, 1908, Order 41, Rule 27(b), 25 -- Additional evidence at appellate stage - Once first appellate Court allowed application U.O.41.R.27(b) CPC by coming to conclusion that document supporting legal plea of defendant should be allowed to be adduced as additional evidence, it rightly allowed the appeal and remanded subject suit to trial Court for fresh..........
