Indian Penal Code, 1860, Section 302, 304(Part I), 323 -- Nature of offence - Incident occurred due to sudden quarrel between parties - Accused acted without premeditation by using tools which were at the spot for carrying on construction - Single injury found on the head of deceased and assault on the deceased was not with such force to cause multiple injuries - Accused..........
Indian Penal Code, 1860, Section 330 -- Offence u/s 330 IPC - No evidence on record that deceased was hurt by accused and that too with a view to extort information from him regarding commission of any offence - Deceased was a police informant and was working with them as informant with squad, why should accused assault him or cause grievous hurt - This has not been..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that accused struck his vehicle against his uncle/deceased, as a result of which he died - However, I.O deposed that when he had taken vehicle in possession, there were no blood stains on the same nor there was any scratch on tyres - Number of vehicle or name of driver was not disclosed in the report - 40-50..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - Cheating - Petitioner joined investigation and nothing remains to be recovered - Custodial interrogation of petitioner is not required - Petitioner has carved out a case for himself - Bail allowed with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 294(b), 34, 114 -- Bail - Murder case - Accused is in jail since Oct 2018 - Investigation is concluded and charge sheet is filed - Allegation leveled against accused are almost similar to that of co-accused, who has been enlarged on bail - Bail granted to accused with conditions...........
Protection of Children from Sexual Offences Act, 2012, Section 6, 342, Indian Penal Code, 1860 -- Penetrative sexual assault - Prosecutrix aged 8 years - It is apparent from evidence on record that accused was about to commit aggravated penetrative sexual assault upon prosecutrix but due intervention of PW3 accused could not succeed in his nefarious design - Therefore, act..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - To do an illegal act or legal act by illegal means is the heart and soul of the offence...........
Indian Penal Code, 1860, Section 391, 395 -- Dacoity - Mere association with accused persons owing to family connection - Cannot give rise to inference of meeting of minds between accused on one hand and other accused persons on the other hand to commit dacoity...........
Indian Penal Code, 1860, Section 392, 395, 397, 376, 324, 354, 354A, 120B, Evidence Act, 1872, Section 3 -- Dacoity - Appreciation of evidence - There is no evidence with regard to knowledge of accused about prior crimes allegedly committed by other persons - Even, one of the accused `M' in his confessional statement has clearly explained that accused permitted him and his..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 120B -- Bail - Double murder case - Property dispute between parties - Accused was the root point of dispute regarding 53 bighas of land, which was in possession of murdered couple and their son - It was bone of contention between parties particularly owner of land in whose name land was..........
