Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Murder case - Appellant seeking suspension of her jail sentence convicted for murder of one boy and sentenced to undergo life imprisonment - Having regard to the totality of facts and circumstances of case, appellant be released on bail during pendency of her appeal...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Murder case - Non-disclosure of name of assailant in the FIR, does not create any suspicion in the prosecution case, as FIR is not a substantive piece of evidence - It is used for a limited purpose of corroboration or for contradiction to its maker...........
Indian Penal Code, 1860, Section 302, 307, 324, 326 -- Murder - Incident took place when deceased caught hold of a pick pocketer, as a result deceased suffered stab injuries - Name of assailant was not in the knowledge of injured persons - However, injured persons identified the accused in TIP and also after having recovered from injuries - Recovery of knife proved on..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 3 -- Murder - Cruelty - Victim sustained 100% superficial burns while cooking - Deceased subjected to cruelty - Statement of CFSL report that washer of air pressure pump was found missing and burner was in bent condition - Lends possibility that an accident had occurred in room which was bolted..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Reduction of sentence - Appeal pending since 15 years - Appellants have no other criminal antecedents - Fact that appellant `P' a lady aged more than 80 years has undergone approximately 11 months in custody - Appellant `G' aged more than 50 years has undergone approximately 2 years 4 months in custody - Further,..........
Indian Penal Code, 1860, Section 307, 323, 147, 149 -- Attempt to murder - Contradictions in the depositions of PWs with regard to identity of accused but also injuries suffered by injured - PWs failed to show as to who was responsible for causing injuries to PW2 - Medical evidence also does not corroborate the version of PWs with regard to nature of injuries - No offence..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness surrounded with suspicion - In fact he is not an eye witness to the occurrence - Informant exhibits unnatural conduct in as much as he did not bother in calling the police after escaping from spot of occurrence - Aspect of availability of eye witness shortly after arrival of police is shrouded in..........
Indian Penal Code, 1860, Section 304, 201 -- Culpable homicide not amounting to murder - Circumstantial evidence - Recovery of blood stained clothes of deceased - Not proved on record, as report of chemical examination has not been proved, for which prosecution was given sufficient time...........
Indian Penal Code, 1860, Section 304, 201 -- Culpable homicide not amounting to murder - Circumstantial evidence - Dead body of deceased recovered from the well - However, it is not proved that accused caused injuries to deceased, as alleged confession of accused regarding injuries is not proved beyond doubt - Place of arrest of accused also doubtful and accordingly..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Murder case - Juvenile - Determination of age - No evidence on record to prove age of accused - Board assessed age of accused about 19 years - No benefit of one year as provided in R.12 of 2007 Rules is extended to accused as there is evidence in the form of photocopy of Panchayat Electoral Roll in..........
