Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused and deceased were brothers and there was an altercation between them just before the incident - Accused caused injuries to deceased in a sudden fight without premeditation - Testimony of sole eye witness/wife of deceased is variable with medical evidence with regard to scratch injury and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 120B -- Anticipatory bail - Offence u/ss 363, 365, 120-B IPC - There is some kind of matrimonial discord between petitioner and his wife - It is only after entire evidence is recorded that it may be found as to whether petitioner has indeed abducted complainant`s daughter or not - Since..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Inflicting cruelty and torture upon deceased with regard to demand of dowry is proved on record by PW1 and PW2 - No major contradiction found in statements made by these PWs - Link between acts of accused and death of deceased is established from depositions of these PWs - Presumption thus, rests on..........
Indian Penal Code, 1860, Section 302 -- Murder of new born female child by her own mother - Baby girl was put in incubator with an oxygen mask and child had not opened her eyes and she did not cry after birth - There was possibility of natural death - Though doctor opined in the post mortem report the cause of death asphyxia but in absence of any clear evidence on record..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses fail to inspire confidence - Eye witnesses did not take injured to hospital and dead body of deceased was found in decomposed condition - If eye witnesses actually witnessed the incident, they would have taken deceased who was in injured condition to hospital for treatment - Incident reported to..........
Indian Penal Code, 1860, Section 354A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/s 354-A IPC and S.3(2)(va) of SC/ST Act - Offence u/s 354-A IPC is bailable offence and offence u/s 3(2)(va) of SC/ST Act for allegedly having committed said IPC offence in Schedule to said Act, will also be a bailable offence, so..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Bomb blast - Testimony of two eye witnesses - Various contradictions were found in evidence of eye witnesses - Both these two eye witnesses are accused of indulging in arson and throwing bombs at the houses of various residents of same area - Prosecution is not fair..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of dead body at the instance of accused - Accused dug out dead body of deceased in presence of complainants and Magistrate - Entire process was video graphed and photographed - Dead body was identified by PWs - Clothes of deceased also identified by them - Statements of all recovery..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - PW4 made a statement that accused came to his house and confessed that 22 or 23 days earlier he had murdered deceased - Accused stated before PW4 that he had a quarrel with deceased and he gave a blow with an axe on head of deceased..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Strong previous enmity between family members - All the accused are armed with lethal weapons came to spot - A1 to A-3 fired at deceased while PW2 was being assaulted by other one with a ballam - Object of accused cannot be bifurcated qua PW1 and deceased - Occurrence in question is supported by..........
