Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Offence u/ss 307, 147, 148, 149 IPC - Quashing of proceedings - Nature of injury is essentially simple in nature - All the four injured persons have turned hostile - If the trial continues, it would be difficult to ascertain as to who out of five accused had caused injury on the head - Proceedings quashed...........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 341, 379A, 379B, 120B, 149, 147 -- Bail - Compromise - Offence u/ss 323, 365, 341, 379-A, 379-B, 120-B IPC - Petitioner was not named in the FIR but he was named by victim in a statement recorded u/s 164 Cr.P.C - Evidentiary value of such statement would be subject matter of trial - It..........
Evidence Act, 1872, Section 27, 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) -- Recovery of sticks - Murder case - Injuries on person of deceased were not connected with sticks and injuries on other injured persons were not necessarily result of beatings..........
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..........
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 143, 147, 148, 427, 452, 302, 149, Explosive Substances Act, 1908, Section 3 -- Murder - Conviction - The High Court upheld the conviction of A2, A4, A5, A8, and A9 for offences under Sections 460, 148, 302 read with 149 IPC and Section 427 IPC and Section 3 of the Explosives Substances Act and allowed by overturning the acquittal qua A10..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 395, 143, 147, 149 -- Anticipatory bail - Murder - Specific acts attributed against accused that they participated in assaulting deceased - Medical opinion and FSL report also corroborate weapons used by accused as mentioned by witnesses in their statements - There exists sufficient..........
