Indian Penal Code, 1860, Section 302, 323, 34 -- Nature of offence - Injuries caused to deceased were superficial and simple in nature - None of internal organs of deceased were effected by injuries - Eye witnesses did not give convincing evidence to establish that any of accused used a sharp weapon while assaulting deceased - There exist grave contradictions in statements..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 506, 34, Arms Act, 1959, Section 25, 54, 59 -- Bail - Murder - Plea of false implication and import of evidence of ballistic expert has to be debated during the course of trial - Petitioner a young man of 24 years is in custody from last 5 years with delay in his trial not attributed to..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murdered man found alive - 15 years long agony of accused - Deceased/son of complainant was found alive and was in touch with complainant - Police opined that FIR is liable to be cancelled as per SIT report and report filed u/s 173 Cr.P.C - Complainant filed protest petition - However, Magistrate on basis of report of..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder - Number of injuries on deceased persons as per medical evidence is three in number, which do not match with number of strikes made by accused persons - Eye witness attributed assault on both deceased to other accused - Involvement of accused in murder of two deceased is not established - Accused acquitted u/ss 302,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 202, 34 -- Interim bail - For surgery of daughter - Application filed by accused solely for purpose of coming out of custody - Mother of accused has four sons who can assist and attend to daughter of accused for concerned surgery and wife of accused is there to look after minor daughter..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Bail - Dowry death - Dying declaration of deceased recorded by Medical Officer indicates that no one was present with deceased when incident occurred and that Kerosene jerrycane fell over gas and caught fire - This has been further..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Accused was under an obligation to give a plausible explanation regarding cause of death in the statement recorded u/s 313 Cr.P.C. - Mere denial not an answer when murder was committed in the house and only family members were staying and fact that family..........
Indian Penal Code, 1860, Section 304B, 302, 34 -- Dowry death - Allegation against father-in-law and mother-in-law - Allegation of demand of Rs.50,000/- and a motor cycle are vague in so far as present accused are concerned - PW2 and PW3 have not spoken a word about presence of accused around the time when deceased had died - Independent witnesses not supported prosecution..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused come to house of deceased in dead of night, called him outside and dragged him to backside of house where four unknown culprits hacked him - Accused also joined with them and fled away from spot - Common intention of accused is clearly proved as he acted in concert with four other persons -..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of weapon of assault at the instance of accused - Weapons were reportedly sent for chemical examination, though blood was present on the exhibits but purported chemical analyst report is not found available with case records - Relevant forensic evidence for seized shirt worn by co-accused was withheld by..........
