Indian Penal Code, 1860, Section 302 -- Murder - Order framing charge - Dead body of deceased recovered from well - No marks of injury were noticeable on body of deceased - No suspicion cast by any witness examined during inquest proceedings regarding death of deceased - No motive attributed to accused to commit crime - So called extra judicial confession appears to be..........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 420, 406, 120B -- Complaint - Issue of process - Opposite party being aware of sale of land and about deaths of rightful owner executed agreement in order to compel petitioner to part with the money - Moreover, agreement was executed by opposite party in order to use the same as..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B -- Summoning of additional accused - Rejection of application - Legality of order - Vague and general allegations in regard to demand of dowry - Deceased committed suicide as she became extremely perturbed by her father's insult and was not allowed to go with her father - No prosecution..........
Indian Penal Code, 1860, Section 147, 148, 447, 323, 324, 302, 307, 149 -- Murder - Conviction - Appreciation of evidence - Quarrel over harvesting millet crop - Sudden fight - No common object of unlawful assembly - Eye-witnesses failed to establish as to how many injuries were received by deceased and with what weapon - Death due to coma, as a result of head injury,..........
Indian Penal Code, 1860, Section 34, 149 -- Common object and common intention - Distinction - Common object is different from common intention as it does not require a prior concert and common meeting of minds before the attack - Common object of an assembly is to be ascertained from the acts and language of members composing it and form a consideration of all surrounding..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Accused already taken voluntarily retirement in the year 2011 and suicide is of year 2017 - Investigation of case is in progress and same is yet to be completed - Gone through available materials - It is a case where accused needs protection on..........
Indian Penal Code, 1860, Section 302, 143, 144, 147, 148, 34, Arms Act, 1959, Section 4, 25, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased gave statement to police, but said statement is not part of prosecution evidence - Names of A-2 and A-3 not stated in said statement - PW2 in supplementary statement stated names of A-2 and A-3, but he has not..........
Indian Penal Code, 1860, Section 302, 143, 144, 147, 148, 34, Arms Act, 1959, Section 4, 25 -- Murder - PW2 stated that injuries sustained by him was given by sharp weapon - A-1 caught red handed with chopper which is corroborated with evidence of PW2, PW1, panch witness of arrest, seizure of weapons and clothes and also in terms of expert evidence - Cause of death was..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - A-5 and A-6 named in FIR as well in alleged oral declaration of deceased - Even recovery of weapons supports case and statements of PWs pointing guilt of these accused - Evidence of doctor and injuries sustained by deceased clearly establish guilt of A-5 and A-6 - Merely not attributing overt act to these..........
Indian Penal Code, 1860, Section 409 -- Offence u/s 409 IPC - Order taking cognizance of offence - Quashing of order - Petitioner exonerated from departmental inquiry on the very same charges - Magistrate failed to appreciate in correct prospective, the sound and substantial reasons given by police in negative final report and proceeded to take cognizance against..........
