Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Dead bodies of victims found multiple external injuries sustained by them - All such injuries were found sufficient enough to have caused death in ordinary course of nature - Eye witnesses who witnessed the occurrence and identified most of assailants, also elaborated..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Death sentence - Accused after committed murder of four members of one family threw them in a canal - High Court after carefully drawing balance sheet of aggravating and mitigating circumstances, deemed it appropriate that case does not fall amongst exceptional category..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Bullets recovered from body of deceased not sent for ballistic examination and comparison and no explanation is forthcoming why these bullets were not sent for ballistic examination - However, prosecution relies on finding in FSL report that hole on shirt..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Three days delay in recording statement of PW1 & PW4 u/s 161 Cr.P.C. - Such delay is substantial and assumes some importance as it has been alleged that FIR has been back dated and was never sent to Magistrate as required u/s 157 Cr.P.C. - Testimonies of PW1 & PW4 have to be held as wholly unreliable - Accused..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix and accused were known to each other and accused often used to visit prosecutrix's house - Accused happens to be son of uncle of prosecutrix - House of accused and prosecutrix are adjacent to each other - It would be thus, difficult to believe that without any resistance accused would be successful in forcible..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 148, 149, 323, 328, 452, 506 -- Anticipatory bail - Offence u/ss 148, 149, 323, 328, 452, 506 IPC - FIR does not specifically show that it is petitioner, who had caused grievous injury, although he is specifically named in FIR - Fit case for grant of anticipatory bail - Bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of proceedings - Rape - Accused marrying complainant - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of proceedings on the ground of settlement between accused and victim - However, exception to said approach could be in cases where accused has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4 -- Kidnapping and rape - Settlement - Accused marrying complainant - Quashing of proceedings - Dispute settled amicably - Victim has no grievance against accused - Proceedings quashed, as otherwise it will..........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
Indian Penal Code, 1860, Section 435, 436, 452, 427, 379, 149, 506, Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dismissal of application - As per complainant, village mob was approaching his house and set fire to house, vehicle, etc. - Application u/s.319 Cr.P.C. filed for summoning persons as additional accused whose name was..........
