Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Circumstantial evidence - Serious discrepancies in statement of PWs regarding presence of deceased at home or at the place of incident - Informant alleged that accused dropped deceased home after killing him, which too is against normal human behaviour - Neither there is any clear motive for accused to administer..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 148, 149, 323, 342, 506, 307, 302 -- Bail - Offence u/ss 148, 149, 323, 342, 506, 307, 302 IPC - Provision of S.12 of the Act had not even been considered and it was not even remotely observed therein that case of appellant is covered by any one of exceptions -..........
Indian Penal Code, 1860, Section 302, 447, 504, 506, 341, 34 -- Murder - Common intention - Testimonies of all eye witnesses implicate accused `K' as perpetrator who had assaulted deceased after he had fallen down - Version of role of accused `K' deposed by eye witnesses gets corroboration from post-mortem report and deposition of doctor - Death occurred due to multiple..........
Indian Penal Code, 1860, Section 302, 447, 504, 506, 341, 34 -- Murder - Common intention - Role of co-accused were limited to holding and twisting the hands of deceased - Co-accused not assaulted after deceased had fallen down and were not responsible for injuries suffered by deceased resulting in his death - They did not facilitate and help main accused `K' in assault he..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 4, 25 -- Bail - Grant of - Murder - Injuries caused to deceased were caused by hard and blunt impact - One injury out of them was individually sufficient in ordinary course of nature to cause death - Other injuries collectively were likely to cause death in..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Allegation against husband and mother-in-law - Cause of death was due to ante-mortem injuries - However, PWs had no knowledge as to how, when and where deceased was killed and burnt - Entire investigation carried out by I.O was in a very cursory and shoddy manner - There was no recovery and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of post mortem report by no stretch of imagination can be made sole basis for conviction of accused in absence of legal proof against them...........
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..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, Arms Act, 1959, Section 25(1B), 4 -- Murder - Accused nos. 1 to 4 gave fatal blows on chest and head of deceased - Deceased died as a result of injuries suffered on the head and in chest - None of other accused was stated to have given any blow to deceased - Accused nos. 1 to 4 were attributed clear and overt acts -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - High Court gave no reasons while granting bail to accused - There is only narration of facts in the said order - It is expected that at least some reason would be given by High Court while reversing the order of trial Court, which had rejected bail application by a reasoned..........
