Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 120B -- Bail - Kidnapping - Criminal conspiracy - Victim is not recovered till date - Court find no good reason to exercise discretion in favour of accused - Taking into account evidence brought on record as well as complicity of accused but without commenting merits of case, accused cannot..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 32 -- Death sentence - Issuance of warrant for execution of death sentence before expiry of period for filing of special leave petition/an appeal against order of conviction - Issuance of warrant for execution of death sentence is contrary to law - Issuance of warrant for execution of death sentence..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Nothing to indicate lack of bona fide - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 326, 354, 448, 506, 149 -- Compounding of offence - Offence u/ss 323, 326, 354, 448, 506, 149 IPC - Signatures of complainant/victim not found in application seeking compounding of offence - Offence u/s 326 IPC is no, compoundable - There was no prayer by accused seeking leave of Court to..........
Indian Penal Code, 1860, Section 324, 326, 307 -- Nature of offence - Prior property dispute between parties - Sudden fight between family members - Accused persons did not carry any weapons with them - During fight, accused have taken iron rod lying near scene of occurrence and had attacked injured - A1 and A2 caused grievous injury to injured `M' and caused simple..........
Indian Penal Code, 1860, Section 324, 326, 34 -- Voluntarily causing grievous hurt - Common intention - Specific over act attributed against A1 and A2 - It is spontaneous reaction that A1 and A2 independently in course of argument attacked injured `M' and others - Except contradictory version of PW1 and PW3, there is no material to show that A3 shared intention to cause..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - To determine whether accused being a member of unlawful assembly, is liable for a given offence, it needs to be seen whether such act was committed in prosecution of the common object of the assembly and alternatively whether members of the assembly knew that offence was likely to be committed in prosecution of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased and accused purchased liquor and after consuming the same, heated altercation took place between them and in the heat of passion accused assaulted deceased by fist and kicks and in the incident deceased sustained injuries on vital organs - Accused had no intention to cause death or inflict..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Discharge - Accused discharged merely on the basis of two medical reports, as faults and inconsistencies found therein - Stage to appreciate evidence with a view to find fault or/and inconsistencies in two medical reports would arise only when prosecution leads evidence by examining doctors in support of medical..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder - PW1 telephonically informed about incident to police on the day of incident - Police registered complaint next day in the morning after inquest panchnama - Prosecution not examined Police constable as a witness - Police may have reached the hospital, as..........
