Indian Penal Code, 1860, Section 399, 402 -- Preparation of dacoity - Accused acquitted u/s 27 of Arms Act - If charge under Arms Act not proved against accused then how can it be said that accused were preparing for committing dacoity with those arms and ammunitions - Even otherwise, recovery memo shows that there is no signature or thumb mark of accused on it - Copy of..........
Criminal Procedure Code, 1973, Section 88 -- Bond for appearance - Non-bailable warrant of arrest as well as proceeding of Ss.82, 83 Cr.P.C. already initiated against accused - Accused was not a free agent whether to appear or not - He was thus, not entitled to benefit of S.88 Cr.P.C. - Accused held, rightly not entitled to be released on acceptance of bond u/s 88 Cr.P.C...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of family Court - Counseling of child aged 17 years - Family Court directed father to take appointment of child psychologist and mother has to physically produce the child before counselor - Non-compliance of order purports to serious consequences not only arrest but also striking out defence, attachment of movable and..........
Indian Penal Code, 1860, Section 396, Evidence Act, 1872, Section 154 -- Dacoity with murder - Hostile witnesses - Accused arrested in presence of PW21 and PW22, who turned hostile so far as identification of accused - Recovery of jewels from these accused also effected in presence of these witnesses - Merely because witnesses turned hostile, does not discredited..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Recovery of dead bodies - Dead bodies of deceased were recovered from 3 feet under the earth from compound of house of accused - No explanation forthcoming in statement of accused u/s 313 Cr.P.C. - Finding of High Court with regard to torture of accused leading to his consequential statement resulting in recovery..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - PW4 stated that on same day he arrested accused and prepared arrest memo and seized one trishul from possession of accused and prepared seizure memo and sent seized articles to FSL - As per FSL report there was human blood on trishul and no explanation has been given..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 143, 147, 148, 452, 427, 323, 324, 506(1), 34 -- Anticipatory bail - Offence u/ss 147, 148, 452, 427, 323, 324, 506(1) IPC - Accused and de facto complainant are relatives - No case of prosecution that accused caused injury or that he intended to cause injury on any vital part of body of de facto..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - False case slapped against accused by police personnel's in collusion with each other - Lots of doubts are created regarding authenticity of claim of police/prosecution because of inconsistent description of PWs when applied to and compared with prevailing facts and circumstances of..........
Indian Penal Code, 1860, Section 302, 143, 144, 147, 148, 34, Arms Act, 1959, Section 4, 25 -- Murder - PW2 stated that injuries sustained by him was given by sharp weapon - A-1 caught red handed with chopper which is corroborated with evidence of PW2, PW1, panch witness of arrest, seizure of weapons and clothes and also in terms of expert evidence - Cause of death was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Recovery of 4.5 kg charas - Search and seizure - Information was immediately sent to higher officers by complainant on arrest of accused and also written for providing information about arrest of accused to her family members - Factum of recovery from accused proved on record by PWs - PW5 proved FIR..........
