Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 427, 34, 120B -- Bail - Murder - Accused may have carried injured victim to Hospital who later died, but he was actually brought dead to hospital - This fact will have to be considered de hors from the fact as to who actually had committed offence in the first place - Trial Court has..........
Indian Penal Code, 1860, Section 409, 420, 120B, 34, 37 -- (Bharatiya Nyaya Sanhita, 2023, Ss.316(5), 318(4), 61(2), 3(5), 3(8)), Prevention of Corruption Act, 1988, Ss.7, 7A, 8, 13(1)(b), 13(2), Criminal Procedure Code, 1973, S.438 (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Offence u/Ss.409, 420, 120-B, 34, 37 IPC and 7, 7A, 8, 13(1)(b), 13(2) PCA - Anticipatory..........
Indian Penal Code, 1860, Section 324, 323 -- Offence u/ss 324, 323 IPC - PW1 deposed about injuries caused by appellants and same is corroborated by evidence of PW2, PW3 and PW4 - PW4 specifically deposed about assault made by A-1 on PW1 with an aruval on his head and left hand - Injuries were also caused to PW1 by A-2 with a stick - Evidence of PW4 is cogent and also..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Evidence of PW1 that A-2 caught-hold PW1 and appellant assaulted him with his hands is disbelieved by trial Court - When said evidence of PW1 is not separable from the remaining part of offence, trial Judge committed error in segregating the evidence, which is intrinsically inseparable one - Finding of..........
Indian Penal Code, 1860, Section 294(b), 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 294(b), 323 IPC and S.3(2)(va) of SC/ST Act - No material to prove that appellant after knowing community of PW1, committed the offence punishable u/s 294(b) IPC - Offence u/ss 323 IPC, 3(2)(va) of SC/ST Act, not..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Cancellation of bail - Attempt to murder - No material to show that accused has attempted to interfere with trial, threaten complainant or committed any subsequent offence - Mere assertion that trial Court ought to have taken a different view does not by itself, justify..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere existence of matrimonial discord, even if proven, does not automatically attract rigors of S.306 IPC unless there is clear evidence of incitement or abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution failed to establish a proximate link between alleged acts of cruelty and deceased's decision to commit suicide - No specific evidence was found that accused instigated, provoked or aided deceased to take the extreme step - Witnesses deposed that one month back there was a quarrel between accused and..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Accused subjected deceased to mental and physical cruelty - Pattern of behaviour shown by accused amounts to "willful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or health," as defined u/s 498-A IPC - Incidents of sustained cruelty and..........
Indian Penal Code, 1860, Section 147, 148, 149, 427, 307, 323, 504, 506, Criminal Law Amendment Act, 2013, Section 7, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3, Prevention of Damage to Public Property Act, 1984, Section 2, 3 -- The impugned FIR and the gang chart fail to meet this essential threshold, as they rest largely on..........
