Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 395, 143, 147, 149 -- Anticipatory bail - Murder - Specific acts attributed against accused that they participated in assaulting deceased - Medical opinion and FSL report also corroborate weapons used by accused as mentioned by witnesses in their statements - There exists sufficient..........
Indian Penal Code, 1860, Section 308, 447, 427, 341, 323, 325, 34 -- Attempt to commit culpable homicide - Injury report of injured though reveal grievous injuries, but none of them have been opined to be dangerous to life - However, medical report showing extraction of pellet from the lip of victim which has changed the dimension of case - Such medical evidence cannot be..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 323, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 25, 29B, 30 -- Anticipatory bail - Murder - Accused main conspirator in the case - He was absconding not only in present case but also in another FIR registered against him - Custodial interrogation of accused appears to be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 451, 506, 509, 120B, 34 -- Quashing of Charge sheet - Offence u/ss 323, 341, 451, 506, 509, 120-B, 34 IPC - Various uncontroverted allegations were made against accused - None of these allegations appear to be absurd or inherently improbable - There is no ground to exercise power u/s 482..........
Indian Penal Code, 1860, Section 353, 341, 506, 188, 149 -- Assaulting public servants and restraining them from discharging their official duties - An improvement for the reason that the same does not find place either in the FIR or in the statement of complainant recorded u/s 161 Cr.P.C. - It would be futile exercise even if the matter is put to trial - Proceedings..........
Indian Penal Code, 1860, Section 302, 447, 504, 506, 341, 34 -- Murder - Common intention - Testimonies of all eye witnesses implicate accused `K' as perpetrator who had assaulted deceased after he had fallen down - Version of role of accused `K' deposed by eye witnesses gets corroboration from post-mortem report and deposition of doctor - Death occurred due to multiple..........
Indian Penal Code, 1860, Section 302, 447, 504, 506, 341, 34 -- Murder - Common intention - Role of co-accused were limited to holding and twisting the hands of deceased - Co-accused not assaulted after deceased had fallen down and were not responsible for injuries suffered by deceased resulting in his death - They did not facilitate and help main accused `K' in assault he..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 354, 506, 34 -- Quashing of FIR - Allegation of beating complainant and his wife and outraging modesty of wife of complainant - FIR cannot be quashed merely on the ground that it was lodged as a counter blast to the complaint of accused against complainant - Allegations whether..........
Indian Penal Code, 1860, Section 498A, 323, 341, 379, 354, 34 -- Cruelty - General allegations against appellants - No specific and distinct allegations have been made against either of appellants - Allegations against appellant being general and omnibus, do not warrant prosecution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 328, 341, 148, 149, 120B -- Bail - Offence u/ss 302, 328, 341, 148, 149, 120-B IPC - Petitioner is 55 years of age and is not involved in any other case - Nothing is recovered from petitioner - There are 22 witnesses out of which 16 witnesses are yet to be examined an thus, trial is likely to..........
