Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 342, 506(ii), 294(b), 147, 148, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(b) -- Bail - Murder - Accused along with co-accused committed gruesome murder by tying the innocent persons for injured hens and cocks - Accused seems to..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - When there is direct eye witness account which is found to be credible, omission to obtain ballistic report and non-examination of ballistic expert may not be fatal to prosecution case - However, if evidence tendered including that of eyewitnesses do not inspire confidence or suffer from glaring inconsistencies..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - Evidence tendered by eye witnesses suffered from serious lacunae - Their evidence cannot be said to be credible - There are glaring inconsistencies in the prosecution version which have been magnified by absence of testimony of material witnesses and ballistic report coupled with the non-recovery of weapon of crime..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Murder - Testimony of PW5 and PW6 - PW5 in her evidence not mentioned about accused and she only states that third person had fired a gun shot which had injured her leg - Evidence of PW6 is disbelieved by trial Court qua co-accused - When trial Court disbelieved the testimony of PW5 and PW6 qua co-accused, it could not..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Sentence - Incident is of the year 1995, almost 28 years old - Awarding death sentence would not be appropriate - Life imprisonment is thus, awarded to accused u/s 302 IPC along with fine of Rs.20 lacs and R.I of 7 years awarded u/s 307 IPC along with fine of Rs.5 lacs - Both the sentences shall run concurrently...........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302, 307 -- Fine - Murder - Considering conduct of accused and financial damages suffered by victim's family, two deceased and injured, damages of Rs.10 lacs each awarded to legal heirs of two deceased for an offence u/s 302 IPC - Amount of fine as awarded u/s 307 IPC of Rs.5 lacs would be..........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 302, 307 -- Compensation to victim - Murder - Considering conduct of State who did not conduct the case fairly and also trauma and harassment faced by victim's family, in addition to compensation awarded u/s 357 Cr.P.C, further compensation u/s 357-A IPC is to be awarded - State directed to..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Injured eye witnesses attacked along with deceased No.1 - Reasoning adopted for acquittal of accused qua death of deceased No.2 cannot be imported to that of A-1 and injuries caused to injured eye witnesses - A-1 to A-3 rightly convicted...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
