Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Eye witnesses to the occurrence have resiled from their testimonies recorded before police during investigation u/s 161 Cr.P.C and have been declared hostile by prosecution - All the eye witnesses do not claim to have personally seen accused committing murder of deceased - No credible..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Material witnesses have already been examined and remaining witnesses are either complainant or police officials and at present there does not seem to be any possibility of their being won over - Bail granted...........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Husband pleaded that deceased committed suicide in her bedroom after bolting the door from inside and he was not present in the house at the time of occurrence - Plea of suicide appears to be ruled out in view of post mortem report, as medical evidence establishes beyond doubt that deceased was..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Plea of suicidal hanging - Non-examining of minor instead of adversely affecting the prosecution case creates a gaping hole in unfolding of defence case version of suicidal hanging...........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Deceased was married to accused 16/17 years ago and soon after marriage, she was subjected to torture and was admitted to hospital - Divorce proceedings was instituted by husband but on intervention of Court matter was reconciled and couple reunited but accused continued torture upon deceased -..........
Criminal Procedure Code, 1973, Section 435, Indian Penal Code, 1860, Section 302, 212, 449, 120B, 34 -- Premature release - Murder case - Policy prevailing for premature release of convicts was Premature Release policy 1993 in which condition required for life convict was to undergo 14 years of actual sentence including under trial period provided of such sentence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Challan stands presented - It is a case of no injury - Out of 16 PWs none has been examined so far - Accused has been in custody since 2021 - Trial is unlikely to conclude any time soon - No useful purpose would be served by keeping..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 354, 506, 34 -- Quashing of FIR - Allegation of beating complainant and his wife and outraging modesty of wife of complainant - FIR cannot be quashed merely on the ground that it was lodged as a counter blast to the complaint of accused against complainant - Allegations whether..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - A-1 and A-2 being father and son went to place of deceased in mid night with a common intention - Three eye witnesses to incident are consistent and fully supported the case of prosecution - Once High Court found all three eye witnesses trustworthy and reliable and in fact confirmed the conviction of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354A, 354D, 452, 506, 34 -- Bail - Rape - Allegation of rape is against co-accused - It was co-accused who entered the house of victim on the date of incident and petitioner remained outside the house - Petitioner has been behind the bars since 2.4.2021 - Bail granted to petitioner...........
