Indian Penal Code, 1860, Section 309 -- Direction sought for registration of FIR - Death of a persons - Father of deceased seeking direction for the registration of FIR alleging that it was a murder case - Police during enquiry found that accused committed suicide and thus refused to register FIR - Held, even if deceased committed suicide it was cognizable offence, it was..........
Indian Penal Code, 1860, Section 302 -- Murder - Identification of accused - Incident took place in dark night - Source of light not mentioned in FIR - Accused persons were not strangers to witnesses - They were closely related - Held, finding of High Court that in a dark night possibility of identification of accused persons was not there is erroneous - Evidence of..........
Criminal Procedure Code, 1973, Section 210, 203 -- Charge-sheet - Complaint - Same incident - Dismissal thereof - Legality of - Dismissal of complaint of applicant u/s 203, Cr.P.C., for reason that police has submitted charge-sheet in respect of same incident - Charge which was leveled by applicant in his complaint were that of causing murder of his son by repeatedly..........
Indian Penal Code, 1860, Section 149 -- Common object - Pistol was concealed by one accused and was not visible to anyone - Remaining accused had no knowledge that pistol was carried by one accused and that he will shoot the deceased - Held, common object of the assembly was not to commit the murder...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Murder - Appeal against conviction - As per order of conviction counsel of appellant did not appear when matter was taken up before High Court - Appellant stating difficulties in appearing before Court and moreover they did not know that matter was taken up before High Court - Matter remitted for..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses account reinforced from the fact that accused was arrested on the next date of incident and blood stained knife was recovered from the house of accused - Fact that FSL report about blood could not be obtained becomes insignificant - Nothing on record to infer that accused had any bouts of mental disorder at the..........
Indian Penal Code, 1860, Section 302, 364, 397, 201 -- Kidnapping of 2-1/2 years daughter of complainant for ransom, murder and throwing body in a well - Evidence of recovery of dead body at the instance of accused doubtful because police was already aware of the fact that dead body was lying in the well - Witnesses to the recovery of ornaments not supported the case of..........
Indian Penal Code, 1860, Section 302, 304(Part I), 323, 34 -- Murder - Conviction by High Court u/ss.304(Part I), 34 IPC - Appeal against - There was no common object and in any event the appellant was not a member of any unlawful assembly - Question of convicting appellant for offence relatable to Ss.304(Part I), 34 IPC does not arise - Order of trial Court restored and..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Murder - Suspension of sentence during pendency of appeal - Held, benefit of suspension of sentence in murder cases can be granted only in exceptional case...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Murder - Bail - Held, Court is required to consider nature of accusation, manner of commission of crime, gravity of offence and desirability of releasing accused on bail...........
