Indian Penal Code, 1860, Section 302, 307, 120B -- Nature of offence - Murder or accident - Collusion of truck and jeep on right side and occupants of truck fled away from the spot - Photographs on record shows that tyre marks on the spot which indicated that brakes were applied to avoid accident - False implication due to previous enmity was a plausible view - None of..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 452, 341, 323, 324, 325, 326, 307, 34 -- Framing of charges - Offence u/ss 452, 341, 323, 324, 325, 326, 307, 34 IPC - Trial Court did not made any endeavor to examine medical report while framing charge against accused - No reasons for framing charge against accused stated - Even prima facie..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 27 -- Offence u/ss 307, 34 IPC and S.27 Arms Act - Gun shot - PW1 claimed in Court that bullet is still lodged in his chest - No scientific or medical evidence to corroborate this version - Nothing to indicate as to whether bullet was removed from the body of PW1 or not - Weapon of offence not recovered -..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 27 -- Offence u/ss 307, 34 IPC and S.27 Arms Act - Accused acquitted : Not safe to convict accused on the sole testimony of PW1 when except one `M' no other accused was known to him and still he named them in his statement u/s 161 Cr.P.C. - Moreso other accused are not the residents of his village and thus..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 27 -- Offence u/ss 307, 34 IPC and S.27 Arms Act - Witness while deposing stated that two accused, whom he has named in his statement u/s 161 Cr.P.C. are not present in Court - Those two accused were very much present in Court - An observation to this effect made by Court - Evidence of such witness is shaky,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 121, 121A, 122, 123, 302, 307, 323, 427, 120B, Explosive Substances Act, 1908, Section 3, 4, 5, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 19, 20, 23, Information Technology Act, 2000, Section 66 -- Bail - Five bomb blasts - Out of 610 cited witnesses, till date, over a period of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 498A, 323, 324, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Matrimonial dispute - Injury report to demonstrate injuries received by wife of accused - Chances of amicable settlement between parties - Chance of absconding of accused from course of law is very low, as..........
Indian Penal Code, 1860, Section 307, 34, 323 -- Attempt to murder - Semi-circular injury sustained by victim, which was caused by sword as per victim - However, semi-circular injury cannot be caused by a sword - Even otherwise, sword was not produced before Court and same was not blood stained - Injured consumed alcohol and he himself admitted that he fell down -..........
Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - Prior enmity between parties - Complainant was aggressor party - Accused also received injuries on their person in this very occurrence - True genesis of occurrence withheld by prosecution from Court - Inconsistencies and contradictions in statements of injured witnesses found - Recovery of axe and sticks..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 379B, 324, 325, 341, 506, 148, 149 -- Anticipatory bail - Offence u/ss 307, 326, 379-B, 324, 325, 341, 506, 148, 149 IPC - Allegations prima facie indicating a brutal attack on complainant resulting in multiple grievous injuries with sharp edged weapons at the hands of present accused or..........
