Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 326, 341, 148, 149, 506 -- Bail - Attempt to murder - Injury caused by sword blow on left arm of injured by accused cannot be said to be an injury dangerous to life - Accused is active in village politics and thus his wrongful inclusion in FIR cannot be ruled out - Trial is not..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Substantial period of sentence already undergone by accused - Accused is an old person and suffering from age related ailments and there is no bread earner in the family of accused - He has realized the mistake committed by him and is remorseful of his conduct to society which he..........
Indian Penal Code, 1860, Section 302, 304(Part II), 307, 308 -- Nature of offence - Accused aimed gun towards roof and then fired in marriage ceremony - Though, it was an unfortunate case of mis-firing but accused cannot absolve himself of conclusion that he carried a loaded gun at a crowded place where his own guests had gathered to attend marriage ceremony - Accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506, 427, 201, 120B, 34 -- Anticipatory bail - Attempt to murder - Dispute between two groups of lawyers relating to strike which was already going on - Accused belonging to one group which was against strike - Consequently, conspiracy was hatched by accused and he called..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 186, 353, 427, 148, 149, 379, 506, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Bail - Offence u/ss 307, 186, 353, 427, 148, 149, 379, 506 IPC and S.21 of 1957 Act - Petitioner is not named in FIR - No specific part in the form of causing injury to any of public..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Reduction of sentence - Accused voluntarily went to house of deceased, created a flutter by quarrelling with PW2, when this was questioned A-2 stabbed PW1 and when deceased intervened, accused caused his death - They are not in a position to show that murder had taken place out of sudden..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Incident occurred in public place in broad day light in front of house of deceased - There are 7 eye witnesses to incident - Thus, there is every possibility of news reaching police over telephone - Presence of photographer in place of occurrence before registration of FIR, will not vitiate..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Weapon of offence - Weapon used in commission of offence was not properly described - In FIR it has been stated as Iron rod and in Accident register it is stated as sharp iron rod - However, PWs who witnessed occurrence stated that weapon used in crime is knife - This ocular testimony totally..........
Indian Penal Code, 1860, Section 302, 307 -- Double murder - Evidence of two injured eye witnesses - Plea of insanity taken by defence not proved with preponderance of probability as per illustration u/s 105 of Evidence Act - No such circumstances are shown - Death of two deceased are proved by doctor to be homicidal in nature and M.O.I corroborates the same - Injuries on..........
Indian Penal Code, 1860, Section 307, 498A, 323, 324, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence u/ss 307, 498-A, 323, 324 IPC - Injuries sustained in almost every part of body that too by blunt object and sharp edged weapon - Compounding of such heinous offence will be against ends of justice and it will be detriment to..........
