Criminal Procedure Code, 1973, Section 46(4), 60A -- Arrest of a woman after sunset - Woman committed murder of her husband - Applicant arrested after taking permission of Magistrate by Lady Police Officer - She is involved in serious offence - It is just and necessary to effect arrest of applicant at the earliest - Procedure as envisaged u/s 46(4) and also S.60-A Cr.P.C..........
Indian Penal Code, 1860, Section 302, 448, 34, Criminal Procedure Code, 1973, Section 156 -- Murder - Plea of accused that only Circle Inspector of Police is authorised to conduct investigation and not PSI - Not tenable as in absence of Circle Inspector, PSI has power to investigate the cases registered including the one u/s 302 IPC...........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording statement of eye witness - Murder case - Mere delay in recording statement of eye witness by I.O cannot ipso facto raise suspicion in the mind of Court about veracity of prosecution case, more particularly about veracity of eye witness...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Murder by wife of mother of husband - Wife acquitted after trial - Merely because an appeal has been filed is not a ground to deny maintenance to wife...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 120B -- Quashing of proceedings - Murder case - Plea of alibi cannot be examined by Court in exercise of its inherent powers u/s 482 Cr.P.C, whether it is the stage of taking cognizance or framing of charge - Moreover, statement recorded u/s 161 Cr.P.C is not a substantive piece of evidence -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302 -- Recall of Doctor/PW5 for further cross-examination - Murder case - Objection raised by accused regarding interpolation in medical record - Statement of PW5 was recorded by way of video conferencing and in such event, putting specific question about interpolation in post mortem report by..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Murder case - Non-mentioning of name of accused in the FIR, would go to root of matter and omission is far too significant so as to be ignored, particularly when informant claimed that accused took his house on rent...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 109, 153A, 201, 34, Arms Act, 1959, Section 27, Unlawful Activities (Prevention) Act, 1967, Section 15, 16, 17, 18, 20 -- Discharge - Murder - Criminal conspiracy - Accused is President of Popular Front of India (PFI) and other accused are members of PFI - Charge sheet reveals that..........
Criminal Procedure Code, 1973, Section 433A, Madhya Pradesh Prisoners Release on Probation Rules, 1964, Rule 4 - - Release on probation - Murder case - Where sentence of imprisonment for life is imposed for an offence which is punishable by death sentence, such person shall not be released from prison unless he has served 14 years of imprisonment - Since accused who was..........
