Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Caste enmity - PW1 and deceased going on scooter - Attacked by nine accused - Conviction on sole testimony of PW1 - PW1 had only a momentary glimpse of assailants before engine of his scooter stopped - PW1 named only four accused armed with Chhuri, Kulhari and Gupti and in FIR also he assigned specific roles to those..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 447, 323, 307, 302 -- Bail - Offence under Sections 147, 148, 447, 323, 307 and 302 IPC - Bail application opposed by complainant on ground that one of accused petitioner instigated other co-accused to kill deceased and other injured persons of complainant party and another accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 286, 147, 148, 149 -- Bail - Murder - Accused alleged to have mounted murderous assault on informant husband by opening fire and throwing bombs - Death was caused due to shock and haemorrhage as a result of anti-mortem injuries - Bail allowed...........
National Security Act, 1980, Section 3(2), Indian Penal Code, 1860, Section 147, 148, 149, 307 -- Detention order - Challenge as to - Law and order and public order - Simply saying that petitioners are members of an organised gang of criminals and the crime in question is committed in furtherance of their anti social activities - Does not make it a case of public order -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 294, 506, 323, 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Accused entered into house of complainant and assaulted his brother - Applicants apprehending arrest - Case registered under Sections 452, 294, 506, 323 and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 324, 504, 506, 323, 307 -- Quashing of charge-sheet - Informant sustained guns shot injury and blunt object injuries - Charge-sheet under S.307 IPC laid before the court prior to taking cognizance of offence - Incident alleged to have taken place on 28.5.2004 at 1 P.M. - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, Indian Penal Code, 1860, Section 147, 224, 323, 504, 506, 420, 427, Criminal Law Amendment Act, Section 7, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Section 4 -- Bail - For treatment of epilepsy, banned drugs under NDPS Act found stored and sold in clinic of applicant - Drugs..........
Indian Penal Code, 1860, Section 147, 148, 149, 307, 323, 325, 342, 365 -- Attempt to murder - Grievous injuries - Abduction on gun point - All injuries on non vital parts of body - Though accused possessed fire arms but no fire arms used - Ingredients of Section 307 IPC missing - Charge u/s 307 IPC set aside - However, charge under other sections, sustained...........
Indian Penal Code, 1860, Section 147, 307, 149 -- Five accused armed with weapons assaulted victim in midnight when he was sleeping in his house - Brother of victim and a neighbour claimed to be eye witnesses - Defence of denial and false implication - Motive assigned found to be weak, infirm and tenuous - One victim armed with gupti but no punctured wound found on victim..........
Indian Penal Code, 1860, Section 302, 149, 436, 353, 147 -- Family member of accused shot dead by deceased - Accused reached the spot and lifted body of their family member and placed it under a Neem tree - Accused threw inflammable material in the house and put it on fire - 5 burnt bodies recovered - Time gap between two incidents was just 15 minutes - Case of accused..........
