Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 352, 149, 147, 148, 504, 34 -- Bail - Double murder as a result of fire arm injury - Role of first respondent emerged during course of investigation, followed by filing of charge sheet - First respondent on being granted bail failed to co-operate in the expeditious disposal of trial..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Demand towards share in agricultural land or monetary relief from father - Demand cannot be said to be made with the intention of driving father to commit suicide...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide after five days of suicide note - No proximate link between suicide note recording harassment allegedly at the behest of petitioner and the extreme step taken by deceased - FIR and charge sheet qua petitioner quashed...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Triple murder case - Burden of proof - Facts within special knowledge of appellant were required to be clarified by them - Onus that shifted to appellant u/s 106 Evidence Act not discharged - No error in judgment of conviction...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Indian Penal Code, 1860, Section 341, 323, 427, 34 -- Offence u/s 3(2)(v) of SC/ST Act and Ss.341, 323, 427, 34 IPC - Compromise - Incident took place out of sudden scuffle between parties - Compromise executed between parties without any undue influence - FIR quashed in face of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 354, 377, 34 -- Quashing of FIR - Compromise - Matrimonial dispute - No useful purpose will be served in continuing with the proceedings - FIR and proceedings emanating therefrom quashed...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Parents of deceased who alleged to be eye witness to the incident had seen their son being assaulted by two persons with weapon - PW2 had allegedly fallen unconscious after seeing blood oozing from body of his son - In such situation it is difficult to appreciate these eye witnesses would go..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 417, 34 -- Quashing of criminal proceedings - Offence u/ss 417, 34 IPC - Money suit filed for recovery of the amount in question which is also the subject matter of complaint case - For the same allegations two cases are going on which is not permissible - Criminal proceedings quashed...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 324, 34 -- Benefit of probation - Offence u/ss 324, 34 IPC - Accused are first offenders and aged persons - Appeal against conviction is of the year 1984 - Benefit of probation thus, given to accused...........
