Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........
Indian Penal Code, 1860, Section 304(Part II), 307 -- Offence u/ss 304(Part II), 307 IPC - Non-examination of independent witness - No independent eye witness has been examined though many persons were present at the place of occurrence - PWs 6, 7 and 9 have also turned hostile - If independent witness has been examined correct picture of incident have come on the surface..........
Indian Penal Code, 1860, Section 304(Part II), 307, 326 -- Nature of offence - None of injury was on vital part of body of deceased - Doctor opined that injury no.1 was grievous in nature and injury No.2 was simple - Injury No.1 was grievous because left arm of deceased was fractured - However, arm and leg are not vital part of body which can cause death - Blood clouting..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Incident took place in the year 1998 and about 25 years have passed - Accused was in jail for a considerable period and he has never misused the privilege of bail and now he is not involved in any criminal activities - Sentence of accused reduced to period already undergone by him subject to payment of fine of..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - No cogent and positive evidence available to prove or establish the fact that accused assaulted deceased - PWs stated that main accused kicked the deceased on her stomach and nowhere they have whispered about any overt acts of accused - Guilt of accused not proved - In the absence of any incriminating..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 8(c), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of Ganja - Commercial quantity - Samples taken at the spot sent for Chemical Analysis but sample taken before Magistrate not sent for Chemical Analysis - Accused has made out case for bail - Contraband seized is commercial quantity..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Apprehension of prosecution that accused may influence witnesses - Concern of prosecution can be taken care of by directing accused not to make any attempt to influence the witnesses...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Most of the evidence documentary evidence which are already in possession of Investing Agency - Further charge sheet has been filed - Accused is entitled for bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Detailed elaboration of evidence has to be avoided at the stage of consideration of bail application...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Factors for consideration for grant of bail are : (i) prima facie case (ii) possibility of accused tampering with the evidence or influencing the witnesses, and (iii) the possibility of accused fleeing away from the hands of justice - Gravity and seriousness of offence is another factor that has to be taken into..........
