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...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34, 201 -- Murder of husband by wife - Appeal against acquittal - Plea of appellant that two eye-witness though friend and brother of accused not supported their case as they tried to protect accused person - However, in absence of any credible evidence to show involvement of accused in..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Telegraphic message sent to Investigating Officer that a dead body was lying at Railway Station - Held, it cannot be disputed that information is sketchy and no details are given but as it was a telegraphic information, therefore, it cannot be said that the absence of material information..........
Indian Penal Code, 1860, Section 34, 302, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - Accused persons committed murder by hitting with sword and axe due to animosity - No overt act attributed to appellant by prosecution - Accused was not armed and had no previous animosity with deceased - Merely because accused accompanied accused..........
Indian Penal Code, 1860, Section 498A, 406, 302, 120B, Criminal Procedure Code, 1973, Section 194 -- Ill treatment for demand of dowry - However in divorce proceedings admission that accused never ill treated the wife - Two contradictory versions in two different Courts of law - Order of trial Court to face regular trial for giving or fabricating false evidence in judicial..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Wife alleging that her father-in-law administered some poisonous substance to child after two days of birth - Complaint filed in Court after one year and 9 months of delay - No explanation for the delay - Complaint quashed - Complaint being false as such complainant to face trial u/s 194..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Death by country made pistol shot - No delay in lodging FIR - Specific role assigned against accused - Gravity of offence considered - Prayer for bail rejected...........
Criminal Procedure Code, 1973, Section 335, Indian Penal Code, 1860, Section 302 -- Accused committed murder of his wife as he was suspecting her fidelity - Medical history and opinion of doctor showed that murder was committed while accused was suffering from depressive disorder - Accused in jail for 12 years - Conviction set aside - State directed to admit the accused in..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 201, 399, 402 -- Failure to file charge sheet within 90 days - Bail application filed by accused - Accused is entitled to bail - This right is not defeated by subsequently filing of charge sheet - Accused released on bail...........
