Indian Penal Code, 1860, Section 307, 323, 324, 326, 427, 506(H), 341, 143, 147, 148, 149, 120B, 201, 202, 153A, 212, Explosive Substances Act, 1908, Section 3, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 18B, 19, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Attempt to murder - Bomb blast - Criminal conspiracy - Accused is in jail for more than..........
Indian Penal Code, 1860, Section 307, 323, 380, 34 -- Offence u/ss 307, 323, 380, 34 IPC - Land dispute between parties - Injuries sustained by injured witnesses were simple in nature - Offence u/s 307, 34 IPC held, not made out and at the most offence u/s 323, 34 IPC can be made out against accused - As regarding offence u/ss 380, 34 IPC, since there has been no recovery,..........
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 307, 379, 148, 149 -- Attempt to murder - Theft - Prosecution has deviated from original facts as there is no explanation regarding injury suffered by one of accused which finds place in evidence of PW19 - None of villagers supported version of PW1 and PW2 - PW1 and PW2 also involved in fight or scuffle with accused - Other witnesses who..........
Indian Penal Code, 1860, Section 307, 323, 452, 34 -- Attempt to murder - Delay of 5 days in lodging FIR - Major omissions in FIR - Neither it is mentioned in FIR that A-1 was armed with country-made pistol nor it was mentioned that `D' was hit by a firearm - More so, despite the fact that alleged assailants were unknown to complainant, he neither described accused, nor..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 34 -- Bail - Attempt to murder - Petitioner is involved in 12 other cases - However, involvement of petitioner in other cases is not by itself a ground to reject bail application and question of grant of bail to petitioner has to be considered on facts and circumstances of the case -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 365, 506, 34 -- Bail - Attempt to murder - MLR of victim reveal 13 injuries on person of injured - However, said injuries are virtually on non-vital parts of body of victim - Allegation pertaining to running over of a vehicle over injured could not be substantiated by medical evidence -..........
Indian Penal Code, 1860, Section 307, 324, 341 -- Reduction of sentence - Amicable settlement - Non compoundable offences - However amicable settlement is a relevant factor for the purpose of reduction in the quantum of sentence...........
Indian Penal Code, 1860, Section 324, 341, 307 -- Offence u/ss 324, 341, 307 IPC - Reduction of sentence - Parties entered into an amicable settlement - Settlement not result of any coercion or inducement - Appellants have no other criminal antecedents, no previous enmity and today are married and have children - Sentence reduced to period already undergone by them...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452, 396, 323, 326, 212, 412, 201, 120B -- Bail - Offence u/ss 307, 452, 396, 323, 326, 212, 412, 201, 120-B IPC - Active role played by accused in commission of crime - Accused was instrumental in managing certain objects for commission of crime as per investigation - Considering gravity and..........
