Criminal Procedure Code, 1973, Section 161 -- Police statement recorded u/s 161 Cr.P.C - Merely because police statement contains Crime No., it cannot be held that it is an ante-dated and ante-timed document for the simple reason, that time of recording of statement is also mentioned by I.O...........
Indian Penal Code, 1860, Section 302, 342, 354, 323, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s), 3(2)(5) -- Murder - Grant of bail - Accused have beaten deceased when he was tied by pipe and belt - He sustained serious multiple injuries and consequently he died - Eye witnesses identified the accused in..........
Indian Penal Code, 1860, Section 302, 149, 148, 342 -- Murder - Informant and his family members were not there either at the time of occurrence or till arrival of police - They do not appear to be witnesses of occurrence - PWs declined to disclose the identity of assailants to police at the spot - In such circumstances, chances of concoction after deliberation cannot be..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix complaining of having been a victim of offence of rape is not an accomplice after the crime...........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 8 -- Double murder case - Motive - Prosecution stated that there was a motive for co-accused and accused to eliminate deceased, as it is deceased who had gotten son of co-accused killed in an accident - However, this fact has not been narrated either by son of deceased nor by nephew of deceased -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prosecution is not required to prove that there was an elaborate plan in existence for a long time - Common intention to commit crime is proved if accused by their words or action indicate their assent to join in commission of crime...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused reached the spot with a lathi along with co-accused who had a pistol - Evidence on record established common intention in pursuance of which accused exhorted co-accused to kill deceased - Accused's exhortation was crucial to commission of crime since it was only after he made statement that..........
Indian Penal Code, 1860, Section 302, 201, 506B -- Murder - Death penalty - Trial court as well as High Court has only taken into consideration the crime but have not taken into consideration criminal, his state of mind, his socio-economic background etc. - It is bounden duty to take into consideration the probability of the accused being reformed and rehabilitated -..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Where there are different transactions, different crime numbers and cases have been decided by different judgments, concurrent sentence cannot be awarded u/s 427 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 384, 386, 387, 34, Maharashtra Control of Organised Crime Act, 1999, Section 3(1)(ii), 3(2), 3(4), 3(5) -- Bail - Quashing of order granting bail - Offence u/ss 384, 386, 387, 34 IPC and Ss.3(1)(ii), 3(2), 3(4), 3(5) of MCOCA Act - Allegation against accused are very serious in nature - High..........
