Indian Penal Code, 1860, Section 304(Part I), 304(Part II), 148, 149, Explosives Act, 1884, Section 9B(2) -- Nature of offence - Bomb Blast - Accused assaulted PW6 prior to hurling of bombs at his family - Deceased died due to bomb injury at the time when family of PW6 were returning from place where assault on PW6 occurred - Act of hurling bombs was in very close..........
Indian Penal Code, 1860, Section 304(Part II), 148, 149, Explosives Act, 1884, Section 9B(2) -- Offence u/ss 304(Part II), 148, 149 IPC and S.9-B(2) of Explosives Act - Offence were committed about four decades back - Accused at present are of advanced age - Sentence of accused u/s 304(Part II) IPC modified to R.I of 5 years with enhancement of fine of Rs.50,000 in respect..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25, 27 -- Murder - Gunshot injury - Recovery of single barrel gun with cartridge from house of `L', licence holder - Report of forensic lab only shows that such gun was used in commission of crime, but prosecution failed to establish which of accused had actually used gun - Gun recovered on disclosure..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prosecution failed to prove role of accused in causing death of deceased - Entire prosecution case based upon telephone call made by accused `S', but no call details produced to verify correctness of telephone call - Motive of crime not proved - In absence of any evidence led by prosecution as to who fired fatal shot,..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Accused and deceased were staying inside the room and on the night of occurrence, brother of accused saw accused dealing axe blows - Plea of absence of light in the room is discarded where the eye witness is brother of accused and accused failed to explain as to what happened inside the room where both of..........
Indian Penal Code, 1860, Section 302, 307 -- Double murder - Evidence of two injured eye witnesses - Plea of insanity taken by defence not proved with preponderance of probability as per illustration u/s 105 of Evidence Act - No such circumstances are shown - Death of two deceased are proved by doctor to be homicidal in nature and M.O.I corroborates the same - Injuries on..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred due to sudden quarrel between parties and in heat of passion accused dealt a single blow which turned fatal - No animosity between accused son and deceased mother - Incident had genesis of quarreling between accused and his wife for which it could be said that there was no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 353, 342, 506, 34 -- Quashing of proceedings - Compromise - Offence u/ss 186, 353, 342, 506, 34 IPC - Compromise entered into between parties, which is genuine, voluntary, without any coercion or undue influence - Offences in question are not heinous offences or serious offence of mental..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retired public servant - No sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for offences under P.C Act...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where cognizance is taken by trial Court and charge sheet is already filed, prior sanction which is indirectly a shield provided to government servants to protect them for..........
