Indian Penal Code, 1860, Section 302, 34 -- Murder - Gunshot injury - Ballistic report - Merely because ballistic report shows that bullet recovered does not match with gun recovered, it is not possible to reject credible and reliable deposition of eye witnesses who witnessed the shooting, particularly when it is corroborated by bullet found in the body of deceased...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Incident occurred when deceased and PW1 returned from Court - PW2 was also required to attend the Court and therefore reached the Court as such he saw incident - Place of incident has been established and proved by prosecution - Even the presence of PW1 and PW2 at the time of incident is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Defence of A-2 and A-3 is that they caused injuries to deceased after he received gun shot from A-1, thus they cannot be convicted u/s 302 IPC - However, A-2 and A-3 are convicted with the aid of S.34 IPC - Moreover, there is no evidence on record that deceased sustained injures by knives by A-2 and A-3, at that time he..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witnesses categorically stated that A-2 and A-3 inflicted blows by knives - Same is supported by medical evidence and deposition of PW2 - Mere fact that doctor stated that it is very doubtful that injuries sustained by deceased by sharp cutting weapon on both sides, it cannot be stated that no injuries were inflicted..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of father by son - Three dying declarations - Eye witness to incident categorically deposed about accused pouring kerosene on her and also on deceased and setting him on fire - Three dying declarations were recorded by Magistrate, Assistant Sub-Inspector of Police and Inspector of police..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(a), Indian Penal Code, 1860, Section 465, 468, 471, 120B -- Anticipatory bail - On basis of parity - Embezzlement of public money - Petitioner is mastermind behind entire operation conducted for embezzlement of money - He allegedly played a prominent role in the matter of..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Incident occurred on the spur of moment after some altercation between parties - There is no premeditation or intention to kill deceased - Death resulted due to injury in quarrel - Case fall u/s 304(Part II) IPC - Sentence altered from 10 years to 6 years with default sentence of three months...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Offence u/ss 341, 395 IPC - Petitioner is a young boy of less than 16 years - He is confined in observation home in connection with offence alleged - Matter is pending investigation - Apprehension expressed regarding likelihood of petitioner coming into contact with other..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7 -- Anticipatory bail - Offence u/s 120-B IPC and S.7 of P.C. Act - Charge sheet has been submitted - Cognizance of case also taken - Applicant not appeared before Court concerned - Process of bailable and non-bailable warrant were issued on..........
