Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Related witness - PW1 is a witness not only of arrest but to disclosure statement and recovery of knife and blood stained clothes at the instance of accused - He is related to deceased and accused - There was no reason why PW1 being the uncle of accused, would falsely implicate him in the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - There is no material contradictions in evidence of PW1, who is not only witness of arrest but to disclosure statement and recovery of knife and blood stained clothes at the instance of accused - Evidence of PW1 thus, trustworthy - Motive of crime proved on record - Prosecution proved the guilt..........
Indian Penal Code, 1860, Section 498A -- Criminal Procedure Code (Amendment) Act, 2008 - Issue a writ of mandamus - For a uniform policy of registration of FIR, arrest and bail in cases of S.498-A IPC - Constitutional Bench suggested that preliminary enquiry may be held in matrimonial/family disputes - Offence u/s 498-A IPC being cognizable and no, bailable offence,..........
Criminal Procedure Code, 1973, Section 70, 319 -- Issuance of arrest warrants - Accused summoned u/s 319 Cr.P.C - Police submitted final report in negative form - Arrest warrants issued against accused converted to bailable warrants...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Reduction of sentence - Offence u/s 22 NDPS Act - Recovery of 50 gms intoxicating powder - Perusal of custody certificate shows that he is not a previous convict and even after his arrest in this case he was not found involved in any other case of similar nature thus, accused is required to be dealt with..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR and stay of arrest - There is no averment that police is not following law or is going to make any arbitrary and illegal arrest of petitioner - No case of gross miscarriage is pleaded or demonstrated - Moreover, manner in which petitioner prays that his arrest should be stayed at the best can..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Contraband - Statement u/s 67 of the Act - There were no injuries on the person of accused at the time of arrest - Accused was badly beaten up just before his arrest or immediately after his arrest - Therefore statements made to NCB officials u/s 67 of the Act cannot be called voluntarily and have to be..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Custody - A person to be in custody within meaning of S.439 Cr.P.C, it is not necessary that he is in custody only after arrest by police or he is produced before a Magistrate and gets remand to judicial or other custody - He can be stated to be in judicial custody when he surrenders before Court and submits to its..........
Criminal Procedure Code, 1973, Section 82, 299 -- Absconder - Petitioner was in custody after his arrest - He was released on interim bail - Petitioner was not in custody when application for regular bail was filed by him, as his bail was cancelled by trial Court and he was directed to surrender - But instead of surrendering, petitioner filed present application -..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - Gunshot injury - All eye witnesses of incident turned hostile - There was thus, absolutely no evidence to prove the fact that accused was present at the spot and came with an unlicensed fire arm which he fired in air five times and sixth one injured the deceased - Although six empty..........
