Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Indian Penal Code, 1860, Section 307, 452, 427, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/s 307, 452, 427 IPC and S.27 Arms Act - Compromise - No injury resulted from the shots which were allegedly fired from licensed pistol - Thus, continuation of criminal proceedings between parties would be abuse of process of law - FIR quashed...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of sword - Recovery was effected in presence of police witnesses and not supported by any independent witness - Place of recovery is an open place and accessible to all - I.O recorded statement of accused and pursuant to such statement recovery effected - However, such statement is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Contradictions and inconsistencies in the contents of oral dying declaration as narrated by PW2 - It is thus, not safe to rely on version of PW2 and come to conclusion that deceased had made a dying declaration to him implicating accused as his assailant - Oral dying..........
Indian Penal Code, 1860, Section 302 -- Murder - PW2 stated that he had seen accused running away from spot with a sword - However, said fact is not corroborated by any witness including his mother/PW1 who admittedly came to spot prior to PW2 - Such fact is absent in FIR or his statement made to Magistrate u/s 164 Cr.P.C - Said fact held, cannot be relied upon -..........
Indian Penal Code, 1860, Section 279, 304A - - Fatal accident - Victim was run over by van driven by accused - Entire intestine of victim got crushed - Accused ran away from the spot after incident - PW3 viewed accident and deposed that vehicle was coming very rashly and negligently - PW3 was not the stranger to locality in question - His presence at the scene of accident..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 - - Bail - Attempt to murder - Injuries attributed are either simple in nature or are on no, vital part - Even, challan has already been filed and charges has been framed - However, no evidence has been led by prosecution so far - Moreover, no other case is pending against the petitioner -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of mobile phone which was allegedly used for making demands of ransom not proved, as same was not subscribed by deceased - Bullet recovered from body of deceased matched with service weapon which was allocated to PW11, Police, but theory that weapon was snatched by accused is not..........
Indian Penal Code, 1860, Section 302, 397, 398, 201, Evidence Act, 1872, Section 27 -- Murder - Robbery - Circumstantial evidence - Recovery of silver ornaments of deceased at the instance of accused - Identification of ornaments in doubt, as recovered articles were not mixed with any other article for identification - More so, recovery itself is effected after a period of..........
