Criminal Procedure Code, 1973, Section 378(1)(3), Indian Penal Code, 1860, Section 325, 326, 114, 504 -- Appeal against acquittal - Leave to appeal - Offence u/ss 325, 326, 114, 504 IPC - Trial Court has rightly found that prosecution has miserably failed to establish case and has rightly acquitted accused - No compelling reasons or infirmity to interfere with order of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 323, 148, 149 -- Anticipatory bail - Petitioner also involved in case of intermediate quantity under NDPS Act and is on bail - Previous criminal history of petitioner would not come in the way for getting bail - Without commenting on merits of case, petitioner makes a case for bail - Bail..........
Indian Penal Code, 1860, Section 302, 326, 149 -- Nature of offence - Fatal injury was caused by a hard and blunt weapon on left parietal bone - No corresponding injury by weapons used by A-9, A-12, A-19 and A-20 - Conviction of appellants u/s 302/149 not justified - Since there is abundant evidence on record to show that accused attacked deceased and injured witnesses..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 324, 323, 341, 201, 218, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Attempt to murder - Accused was not named in the FIR - He was summoned only on basis of 4th Supplementary Report - However, charge sheet and 4th Supplementary Report no longer exist - Now, there is fresh..........
Indian Penal Code, 1860, Section 326, 323, 452 -- Offence u/ss 326, 323, 452 IPC - Complainant and other two eye witnesses consistently accusing accused `B' for murder of deceased and accused `A' for grievously hurting injured - Ocular version of these witnesses is duly corroborated by medical evidence on record - Accused `A' thus, rightly convicted u/ss 326, 323, 452 IPC...........
Indian Penal Code, 1860, Section 302, 326, 324, 34 -- Murder - Prior enmity between parties - Accused gave blows with axe and knife to deceased, consequently he died - Testimony of injured witnesses who were with deceased on the day of incident is quite natural and trustworthy - Though incident happened in the night but there was source of light, as headlight of vehicle..........
Indian Penal Code, 1860, Section 326, Criminal Procedure Code, 1973, Section 439 -- Bail - Grievous hurt caused by biting with teeth - Human teeth cannot be termed as a dangerous weapon capable of causing death - Offence u/s 326 IPC held, not attracted and only an offence u/s 325 IPC would be attracted, which is bailable offence - Bail granted...........
Indian Penal Code, 1860, Section 307, 323, 324, 326, 427, 506(H), 341, 143, 147, 148, 149, 120B, 201, 202, 153A, 212, Explosive Substances Act, 1908, Section 3, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 18B, 19, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Attempt to murder - Bomb blast - Criminal conspiracy - Accused is in jail for more than..........
Indian Penal Code, 1860, Section 302, 304(Part I), 326 -- Nature of offence - Accused did not come with arm - There was altercation between deceased and accused - Accused had knowledge that injury would cause death - Considering evidence of witnesses and medical evidence including post mortem report, there is no doubt in guilt of accused - Case of accused thus, fall u/s..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 325, 326, 148, 149 -- Anticipatory bail - Grievous hurt - Petitioner joined investigation and no further interrogation is required at this stage - Interim bail granted to accused is thus, made absolute...........
