Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 429, 435 -- Probation - Offence u/ss 429, 435 IPC - Accused not undergone any part of his substantive sentence, yet he faced agony of a protracted trial for past 18 years - He was not a previous convict as per his custody certificate nor he is involved in any other criminal case - No useful..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single blow on vital part of body like head and that too by deadly weapon axe and used with force which proved to be fatal, was sufficient to hold that it was a case of murder within definition of S.300 IPC - Accused liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Merely because altercation might have taken place much earlier and not immediately prior to and/or at the time of commission of offence, it cannot be inferred that there was no intention on part of accused to cause death of deceased - Conversion of conviction by High Court from S.302 IPC to S.304(Part..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 - - Offence u/ss 307, 34 IPC and S.25 Arms Act - Retraction by injured in subsequent statement - Earlier injured narrated that gun shot was fired accidentally but subsequently it was stated that it was intentional - Considering the variance in the statement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Accused is a lady who has recently delivered a child cannot be deprived of attending her newly born baby particularly when further custody of petitioner is not required for any investigation - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Complainant alleged illicit relations of deceased and accused and when husband of accused suspected about their relation he murdered his son/deceased - However, during inquest proceedings no such allegation was made by the complainant - Even, FIR was got recorded after..........
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Circumstantial evidence - Available evidence is wholly inconclusive in nature and does not give rise to a definite inference of guilt against accused and at least a prima facie case of bail is made out - Several other submissions in order to demonstrate falsity of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - As per the allegations petitioner and family have demanded buffaloes and dowry from complainant - However, there is no such specific allegation as what dowry items were demanded except in the later part of FIR that petitioner has demanded a car - Even, application..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Petitioner and prosecutrix knew each other since 2015 and allegation is that petitioner established physical relations with prosecutrix on the plea that he will marry her - However, said fact is to be established during trial - Moreover, it is not the case where sexual..........
