Indian Penal Code, 1860, Section 302, 326, 307, 449 -- Murder - Conviction - Appeal - Suspension of sentence - Death occurred by fire arm injury - Specific roles attributed to applicants/appellants No.1 and 2 - Held, sentences of imprisonments cannot be suspended - Application dismissed...........
Indian Penal Code, 1860, Section 307, 326 -- Attempt to murder - Voluntary causing grievous hurt by dangerous means - Nothing in evidence that appellants caused injuries with an intention to kill him - Doctor not declared the nature of injury No.1 `dangerous to life' of injured - Held, conviction liable to be altered from u/s.307 to u/s.326 IPC...........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 148, 307, 149, 323 -- Attempt to murder - Unlawful assembly - Conviction - Validity - No motive attributed to accused `M' - Nothing on record to show that he had any link with co-accused - No active role attributed to accused `M' except that he shouted Lalkara - Prosecution case against accused..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification parade - Prosecutrix denied to identify appellants No.1, 3 & 4 in dock who were identified during test identification parade - She further stated that miscreants were shown to them in jail - Appellant No.5 identified in dock after lapse of about 3 years from date of occurrence first time in dock -..........
Indian Penal Code, 1860, Section 302 -- Conviction u/s 302 IPC - Plea of alteration of sentence to S.304(Part I) IPC - Accused took the deceased to hospital - Occurrence took place in the house of accused and unfortunately even after having four children, she died at the matrimonial home due to burn injuries at the instance of accused - Held, there is no valid ground to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of contraband - Conflict in evidence of witnesses about room which was in occupation of appellant and was searched - Discrepancy in evidence as to number of polythene packs containing brown sugar which were recovered - Grave discrepancy in evidence of official witnesses with regard to sealing..........
Indian Penal Code, 1860, Section 300 -- Murder - Proof - Appellant along with others alleged to have surrounded deceased and his brother and fired at deceased - Prosecution case supported by evidence of brother and other persons who had witnessed occurrence - Contradiction between medical and ocular evidence regarding time of death - Held, opinion of medical officer..........
, Section 4 - - Bombay bomb blast case - Release on probation - Contention on behalf of Sanjay Dutt that he had no previous involvement or conviction prior to one in 1992 which ended in acquittal - Held, circumstances and nature of offence are so serious that they do not warrant Sanjay Dutt (A117) the benefit of provisions of Probation of Offenders Act - However, taking..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping & rape - Conviction - Validity - Statement of prosecutrix read with her statement recorded by Chief Judicial Magistrate u/s.164 Cr.P.C. which is proved by girl herself, further read with medical evidence on record makes it clear that it is not a case of rape rather a case of consensual sex between accused and..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charges - Held, at the stage of framing charge, Court has to prima facie consider, whether there is sufficient ground for proceeding against accused or not - Court is not required to appreciate evidence sufficient for conviction at this stage...........
