Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 379B, 427, 506, 147, 148, 149 -- Bail - Attempt to murder - Petitioner is behind bars from last 1 year 11 months and 24 days as on 29.4.2025 - Out of 42 PWs only 8 PWs have been examined till date - Conclusion of trial will take considerable long time - No useful purpose would be served..........
Indian Penal Code, 1860, Section 34, 149 -- When multiple accused share common intention/common object to commit a crime, it is irrelevant to determine the exact role played by each of them in the assault...........
Indian Penal Code, 1860, Section 302, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(i), 4 -- Conviction - Police is empowered to register FIR only in cases where some informant comes forward and provides information regarding the commission of a cognizable offence to the police - The extra-judicial confessions and evidence..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 341, 448, 354(b), 380, 336, 109, 147, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s)(w), 3(2)(va) -- Anticipatory bail - Attempt to murder - Appellants have co-operated with I.O. - Charge sheet has already been filed -..........
Indian Penal Code, 1860, Section 307, 323, 324, 149 -- Attempt to murder - Reduction of sentence - Incident occurred in the year 1996 - Appellants have undergone a considerable period of incarceration out of total sentence of 7 years R.I. and have also suffered mental agony and trauma of protracted trial - Sentence reduced to period already undergone by appellants -..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Driving licence - When a person drives a vehicle without a licence, he commits an offence, which by itself cannot lead to a finding of negligence, leading to or as regards, the accident...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Factum of causing injury or not causing injury would not be relevant when an accused is roped in with aid of S.149 IPC...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - No overt act is required to be imputed to a particular person when charge is u/s 149 IPC - Presence of accused as part of unlawful assembly is sufficient for conviction...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Indian Penal Code, 1860, Section 323, 364, 387, 147, 149 -- Offence u/ss 323, 364, 387, 147, 149 IPC - Land dispute between parties - Injured himself admits that he was released by accused on the same day - Injury sustained by injured does not correspond with the manner of occurrence as stated by him and same is superficial in nature - There was simple demand of Rs.1 lakh..........
