Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201 -- Bail - Murder - Decomposed dead body was recovered from canal which was not proved to be of deceased - Sample of burnt bone sent to FSL returned for lack of testing facility - However, there is deliberate omission by police to send sample of burnt bone to FSL where testing..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased not discovered or identity of dead body is disputed - Directions issued Viz: (i) Where dead body of deceased not discovered or identity of dead body is seriously disputed or is in doubt, investigating agencies/prosecution must make all efforts to collect and produce before Court all possible..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 148, 149 -- Anticipatory bail - Cannot be granted to an accused who is absconding...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 48 kgs Ganja - Specific recovery has been attributed to all three accused of 16 kgs of Ganja Patti each - Accused are in custody since Aug 2020 - No recovery is to be made - Individual recovery is of non-commercial quantity - Conclusion of..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder - Number of injuries on deceased persons as per medical evidence is three in number, which do not match with number of strikes made by accused persons - Eye witness attributed assault on both deceased to other accused - Involvement of accused in murder of two deceased is not established - Accused acquitted u/ss 302,..........
Indian Penal Code, 1860, Section 325 -- Offence u/ss 325, 307 IPC - Medical evidence shows that injuries occurred to injured witnesses are simple in nature - Accused acquitted u/ss 325, 307 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397, 412 -- Bail - On parity with co-accused - Offence u/ss 395, 397, 412 IPC - Co-accused already granted bail - Though accused has criminal history of three cases, but he enlarged on bail in two cases and in one case he is languishing in jail since 2012 - Bail granted to accused with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 353, 333, 147 -- Bail - Offence u/ss 353, 333, 147 IPC - Accused refuted the allegation that he alongwith other inmates, assaulted jail staff - Accused alleges that he was given merciless beatings by jail authorities and he suffered 11 injuries while in custody - It is thus, a fit case to grant..........
Indian Penal Code, 1860, Section 379 -- Theft - Removal of sand - Prosecution had not marked arrest memo which is indispensable to prove arrest of accused from scene of occurrence - Nothing on record to indicate that accused actually removed sand with a dishonest intention to commit theft - One lorry and one shovel was recovered as per seizure mahazar - However, no enquiry..........
