Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 452, 323, 148, 149 -- Bail - No injury on vital part of body of deceased which can be said to have been caused by the petitioners - Co-accused already granted bail - Petitioners in custody for last one year and two months - Bail granted...........
Indian Penal Code, 1860, Section 392, 452, 506, Criminal Procedure Code, 1973, Section 482 -- Hire Purchase agreement - Timely payment not made - Repossession of vehicle, without notice to complainant and by use of force and giving threats - FIR lodged u/ss 392, 452, 506 IPC - No ground to quash FIR...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 452, 325 -- Juvenile - Offence under sections 376, 452 and 325 - Bail - Refused on ground that it will defeat ends of justice - Material in support thereof not produced by prosecution - Bail to a juvenile can only be..........
Indian Penal Code, 1860, Section 302, 452, Evidence Act, 1872, Section 32 -- Kerosene poured and deceased set on fire - Dying declaration recorded by Magistrate in presence of doctor in a fit state of mind - PW5 stating that accused tried to save victim turning hostile - Accused not taking such plea - No burn injuries on accused - No foundation for false implication - No..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 452, 323, 148, 149 -- Bail - No specific injury attributed to the petitioners - Main allegations against other accused who gave lathi blows on vital parts of the body of deceased - Bail granted...........
Indian Penal Code, 1860, Section 324, 452, 34 -- Conviction by trial Court, upheld by Sessions Court - High Court in revision set aside conviction - High Court exceeded its revisional power by in-depth re-examination of evidence - Undue importance given to minor discrepancies - Some exaggeration would not falsify happening of alleged incident - Judgment of acquittal cannot..........
Criminal Procedure Code, 1973, Section 452, 457, 482 -- Theft - Recovery of money - Acquittal of offence u/s 379 IPC - Accused not claiming money as his own - Held, amount rightly refused to be returned to accused...........
Indian Penal Code, 1860, Section 302, 149, 148, 452 -- Seven accused armed with guns and pistols entered into house of informant at about 9.30 p.m. and fired shots at informant's son who died on spot - Conviction of all seven accused - Eye witnesses family members - Though eye witnesses were interested and partisan but they made consistent and natural statements - FIR..........
Criminal Procedure Code, 1973, Section 452 -- Seized goods - Return of - Melted gold - House breaking and theft - Melted gold seized from third person consequent upon statement of accused - Melted gold can be returned if there is direct link between same and gold ornaments stolen - When melted gold is 400 grams and ornaments were 900 grams and person from whom melted gold..........
Criminal Procedure Code, 1973, Section 452, 454 -- Sliver bangles - Dumped under Neem tree recovered at instance of accused - Accused amputated hands and feet of deceased and removed bangles - Sessions Judge held husband of deceased to be entitled to those bangles - Accused though acquitted yet accused not being entitled to bangles, no question of return of bangles to..........
