Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323 -- Bail - Murder - Statement of eye witness in question having no evidentiary value in the eyes of law - Implication of applicant would not be proper on the basis of other circumstantial evidence and corroborative material which would be seen during trial - Bail granted...........
Indian Penal Code, 1860, Section 302 -- Murder - Place of arrest is not material in view of proof of case beyond doubt...........
Indian Penal Code, 1860, Section 302 -- Murder - Non-production of weapon of offence before Court - Cannot be a ground for doubting recovery, because lathi was recovered, description of which was made in the recovery memo - Even otherwise, witnesses have proved that accused had beaten deceased by lathi and medical and post mortem also indicate that injuries were caused by..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-collection of blood from the spot cannot be fatal because it may be a fault on part of I.O - Even otherwise, medical evidence is only corroborative and ocular evidence cannot be discarded on any discrepancy of medical evidence...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Injuries were inflicted by blow of lathi which cannot be said to be deadly weapon - Deceased died due to single fatal injury - Therefore, even if it is a case of single blow of lathi and accused knowingly made a single blow that it was likely to cause death, it would be a culpable homicide not..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Modification of sentence - Conviction u/s 302 IPC modified to conviction u/s 304(Part II) IPC - Accused was 22 years of age at the time of incident and deceased was 60 years of age - Sentence of life imprisonment as awarded to accused u/s 302 IPC modified to imprisonment of 10 years with fine..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - I.O admitted in her cross-examination that none of witnesses examined during investigation stated that husband and wife were present together in house on the fateful night - Prosecution failed to lead convincing evidence to even prima facie show that accused had any..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that accused humiliated his wife on account of demand of dowry is not substantiated by evidence available on record - Accused convicted on the basis of totally baseless conclusions drawn by trial Court, which is erroneous - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482, 397 -- Cheating - Quashing of order of framing charge - Prima facie case against petitioner cannot be ruled out considering material on record - Petitioner utterly failed to point out what is causing grave miscarriage of..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Recovery of sticks - Murder case - Injuries on person of deceased were not connected with sticks and injuries on other injured persons were not necessarily result of beatings..........
