Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Murder - Prior civil litigation pending between parties - Strained relations and enmity between both the parties established - In view of such strained relations between parties, complainant party appears to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - Summoning only on the basis of statement of PW1 and PW3 without considering other circumstances and material available collected by I.O. - Court also not identified parentage of petitioner - Summoning order set aside - matter remitted for decision..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused confessed the crime before his wife - Conduct of accused in confessing the crime and requiring her wife to inform the villagers and relatives and accused himself immediately surrendered to police were duly corroborated by PWs - Evidence adduced unmistakably points arrow of guilt at accused - Weapon of offence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 506, 148, 149, 302, 201, 323 -- Interim medical bail - Offence u/ss 307, 326, 452, 506, 148, 149, 302, 201, 323 IPC - As per medical advice, petitioner is still required to undergo complete bed rest, it shall be open for him to file an application by annexing all medical records in..........
Indian Penal Code, 1860, Section 302 -- Murder - Accidental or homicidal - Signs of skidding of motorcycle on the grass - There are signs which show that a vehicle had dashed against the wall - All this would be indicative of the fact that in all probabilities, it was an accidental death...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1)(1B), Evidence Act, 1872, Section 6 -- Murder - Conviction - Pronouncement that appellant was standing with a gun and his firing the gun at victim, are all circumstances so intertwined with each other by proximity of time and space so that the statement of the deceased became part of the same transaction -..........
Indian Penal Code, 1860, Section 302, 427, 452, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Murder - Accused denied their presence at the place of occurrence - However, accused suffered injury at the place of occurrence, which they denied - Presence of accused at the place of occurrence held, proved - Evidence of eye witnesses qua A-2, A-4, A-5, A-8..........
Indian Penal Code, 1860, Section 302, 427, 452, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Murder - Recovery of articles at the instance of A-10 to A-13 - Recoveries are said to have been made from house of PW21 having no connection with A-10 - Recovery of such an incriminating article was made from a place that might also be accessible to PW21 is..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106, 114 -- Murder of wife by husband - Adverse inference - To invoke adverse inference as envisaged u/s 114 r/w S.106 Evidence Act, presence of accused either before death or immediately after death is essential...........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106, 114 -- Murder of wife by husband - Presence of accused on the date of incident not proved by prosecution - It would not be appropriate to draw adverse inference as per S.114 of Evidence Act - Court cannot invoke provision of S.106 of Evidence Act and ask accused to say reasons for murder of his..........
