Indian Penal Code, 1860, Section 302, 364, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained stones and broken bottle of beer at the instance of accused - Recovery effected after a period of about one month from spot - So far as place from where dead body was recovered, same was already in the knowledge of police as dead body had already been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 149, 148, 147, 109, 212, 216, 201, Arms Act, 1959, Section 25(IA), 25(IAAA), 25(1B)(a), 25(1B)(c), 27(3), 30 -- Bail - Murder - Accused is the main person who is behind the conspiracy and he is responsible for commission of murder of Mayor - He arranged the vehicles and masks etc. to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 323, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 25, 29B, 30 -- Anticipatory bail - Murder - Accused main conspirator in the case - He was absconding not only in present case but also in another FIR registered against him - Custodial interrogation of accused appears to be..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 323, 324, 354, 147, 149, 506 -- Juvenile - Bail - Murder - Juvenile is below 18 years of age and has no criminal history - Role of juvenile and adult co-accused who is already granted bail having identical role - There is no justification to hold juvenile..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 149, 148, 147, 307 -- Summoning of additional accused - Murder - Complainant who is also an eye witness of incident identified accused in the CCTV footage and stated his role in the alleged crime - Trial Court thus, not committed any error in summoning accused to face trial like other accused..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Non-examination of two material witnesses - Scuffle between deceased and co-accused when they were sitting with accused and two persons - It was co-accused who stabbed deceased - Prosecution ought to examine these two persons who appears to be eye witnesses to incident - They were privy to conversation..........
Indian Penal Code, 1860, Section 302, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Murder - Deceased stated in her dying declaration that accused trespassed in her house, raped her and poured kerosene oil upon her and set her ablaze - Dying declaration proved on record - FSL report does not advance case of accused in any manner merely because as..........
Indian Penal Code, 1860, Section 302, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Murder - Dying declaration - Nothing on record which dents statement made by deceased - Statement of deceased is reliable and gives cogent explanation of occurrence - Medical opinion with respect to condition of deceased before and while making her statement is on..........
Indian Penal Code, 1860, Section 302, 326, 34 -- Nature of offence - Accused came to house of deceased armed with lathis bamboo sticks on account of death of their sister and where some quarrel took place and one fatal blow on head of deceased came to be made - It is not known out of three accused who caused fatal injury to deceased - No previous enmity between parties and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Bail granted by High Court by passing a very cryptic and casual order, de hors cogent reasoning - Court though not to engage in an elaborate discussion on merits of the case but in the instant case bail granted by not taking not account even a single aspect of the..........
