Indian Penal Code, 1860, Section 302, 392, 449, 201, 34 -- Murder - Robbery - Circumstantial evidence - No evidence on record to prove that A1 committed the crime - Trial Court convicted A1 on the basis of surmise, as he was involved in 5 previous cases of similar nature and it can be inferred that accused had modus operandi to commit the offences - Conclusion of trial..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25 -- Attempt to murder - Criminal Conspiracy - Framing of charges - No role assigned by PWs to petitioner to cause any injury to injured - Rather PWs stated that petitioner went away from the scene of occurrence - Prima facie there is no evidence on record to involve petitioner in the alleged incident..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 300 -- Murder - Delay of 14-15 days in lodging FIR - Complainant being a helpless, illiterate villager, not understanding importance of setting law in motion by lodging FIR - After recovering from pain and grief due to death of his daughter, went to police station and came to know that no..........
Indian Penal Code, 1860, Section 300, 302, Criminal Procedure Code, 1973, Section 433A -- Double Murder - Death sentence - Death sentence modified to life imprisonment - Case falls under special category of sentences - Accused shall not be released from prison till completion of his actual imprisonment for 20 years...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Bail - Murder - Complicity of petitioner based on circumstantial evidence - Evidence collected against petitioner is a confessional statement made by co-accused - Admissibility of such confessional statement in evidence would be yet another issue - Offence if at all made out..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B -- Kidnapping - Murder - Criminal conspiracy - Admittedly, accused No.3 was present at relevant time in house of accused No.1 - Even, accused No.3 was also seen while loading gunny bag in vehicle and thereafter, he was also travelling in said vehicle - Therefore, prosecution leaves no doubt about involvement of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delayed FIR - Murder case - Offence committed at around 4-5 p.m - Registration of FIR at police station between 7.30 to 8.00 p.m. - No reason to draw adverse inference, particularly when after occurrence, deceased was taken to nearby nursing home where he was declared dead and body..........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34 -- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were..........
Criminal trial -- Life sentence - Meaning - Actual life imprisonment for entire life of convict - Life sentence not limited to either 14 years or 20 years or even 25 years - Same may be curtailed by State by premature release - However, that is the discretion of State Government to be exercised on the advice of Sentence Review Board (SRB) - Courts cannot substitute..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delay in filing FIR - Murder - Plea that photolash and challanlash has no crime number and that FIR of incident was signed by Chief Judicial Magistrate after nine days of scribing FIR - Said plea is not sufficient to consider FIR ante-timed as case crime number is clearly mentioned in..........
