Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal - Deceased allegedly died due to head injury - However, there is complete lack of any evidence on the part of prosecution to demonstrate the manner in which accused had allegedly committed murder of deceased - Findings of acquittal of accused of charge u/s 302 IPC cannot be reversed - Acquittal..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Every member of unlawful assembly is vicariously liable for acts done by anyone of them to achieve a common object as per S.149 IPC - Therefore, two things are essential to attract S.149 IPC i.e. "unlawful assembly" and "common object" - Presence of accused persons as part of unlawful assembly is sufficient for..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Long standing political enmity between families of main accused and deceased - All accused persons had alighted from bus together armed with firearms, thus they were part of unlawful assembly and had arrived at the bus stand with a common object - Movement of accused persons in said manner is..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Evidence proves that main accused fired at deceased at bus stand, which hit his elbow and that deceased suffered multiple gunshot wounds - Thus, involvement of not only main accused but also other accused who were carrying firearms is duly established - Mere fact that independent witness did not..........
Indian Penal Code, 1860, Section 306, 506, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide note - Quashing of proceedings - Deceased committed suicide on account of depression for not being able to clear debt - Suicide note indicts as many as 9 accused without specifying role of any one of them - There is no material to indicate that deceased..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Service of accused not yet effected - Complaint restored...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 302 -- Production warrant - When formal arrest of an accused is recorded pursuant to an order/production warrant issued u/s 302 BNSS, there is no requirement to inform him of grounds for his arrest separately - Order/warrant in Form No.37 itself is sufficient to comply with requirement - However, even in such cases,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 302 -- Bail - Accused was arrested on a warrant - Grounds for arrest were not communicated to relatives of applicant in accordance with law - Arrest stands vitiated and applicant is entitled to be released on bail - Bail granted with conditions...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
