Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 379B, 427, 506, 147, 148, 149 -- Bail - Attempt to murder - Petitioner is behind bars from last 1 year 11 months and 24 days as on 29.4.2025 - Out of 42 PWs only 8 PWs have been examined till date - Conclusion of trial will take considerable long time - No useful purpose would be served..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 341, 448, 354(b), 380, 336, 109, 147, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s)(w), 3(2)(va) -- Anticipatory bail - Attempt to murder - Appellants have co-operated with I.O. - Charge sheet has already been filed -..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Indian Penal Code, 1860, Section 323, 364, 387, 147, 149 -- Offence u/ss 323, 364, 387, 147, 149 IPC - Land dispute between parties - Injured himself admits that he was released by accused on the same day - Injury sustained by injured does not correspond with the manner of occurrence as stated by him and same is superficial in nature - There was simple demand of Rs.1 lakh..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Indian Penal Code, 1860, Section 302, 341, 147, 148, Arms Act, 1959, Section 25, 27 -- Murder - Prosecution case is that only co-accused `G' has fired at the deceased - Respondents have been attributed no specific injury whatsoever - Allegations of having caught hold of deceased or raising of lalkaras are easy to level and are usually done so as to knit a wider net to..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Main allegation of causing injury by lathi is against accused who already died during the course of trial - Only allegation against A-2 to A-4 is that they had thrown pieces of bricks on the injured persons - Material contradictions in the evidence of PWs regarding genesis and manner of occurrence -..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149 -- Murder - Testimony of eye witnesses - PW-1 did not name accused Nos. 2 and 5 in the complaint but in the course of his deposition, he not only named them but also furnished minute details of the attack by each of them - There are contradictions and discrepancies in the depositions of eye witnesses - Motive of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 323, 506, 147, 148, 212, Arms Act, 1959, Section 25 -- Bail - Murder - Accused has suffered incarceration of 2 years, 9 months and 28 days - No injury has been attributed to accused on the person of complainant - Co-accused has already been granted bail - Conclusion of trial will take a..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Presence of A-5 and A-6 at the scene of crime with the other co-accused amounted to an unlawful assembly which is sufficient for their conviction - Their active role in surrounding the deceased with the common intention to kill him proved on record - Motive of crime is also proved -..........
