Criminal Procedure Code, 1973, Section 435, Indian Penal Code, 1860, Section 302, 212, 449, 120B, 34 -- Premature release - Murder case - Policy prevailing for premature release of convicts was Premature Release policy 1993 in which condition required for life convict was to undergo 14 years of actual sentence including under trial period provided of such sentence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Interim bail - Murder - Accused applied for interim bail for a period of 10 days to attend sister's marriage - He being only brother has to perform certain rituals and make all the arrangements of his sister's wedding - Interim bail granted to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 325, 326, 147, 148, 149 -- Anticipatory bail - Murder - Accused not named in two charge sheets filed - CBI is relying upon statements of five PWs, but statement of two witnesses belatedly recorded and other witnesses not named the accused - Anticipatory bail granted - However, accused..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Appeal against - Accused/appellant committed rape on 7 year old girl caused her death and dumped dead body near bridge - Victim was last seen in company of accused and was then went missing - Also recovery of dead body..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - A-1 and A-2 being father and son went to place of deceased in mid night with a common intention - Three eye witnesses to incident are consistent and fully supported the case of prosecution - Once High Court found all three eye witnesses trustworthy and reliable and in fact confirmed the conviction of..........
Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 24 -- Murder - Robbery - Circumstantial evidence - Extra judicial confession - Accused gave extra judicial confession before PW6 - However, trial Court rejected said extra judicial confession on the ground that complainant had seen the accused in police station one day prior to said confession - Case of..........
Indian Penal Code, 1860, Section 302, 397 -- Murder - Robbery - Circumstantial evidence - Recovery of gold jewels of deceased from house of accused - Evidence of recovery witness was disbelieved by trial court by giving cogent reasons - Even according to recovery witness accused were with him on the date of incident and therefore recovery is vitiated - Accused rightly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 328, 341, 148, 149, 120B -- Bail - Offence u/ss 302, 328, 341, 148, 149, 120-B IPC - Petitioner is 55 years of age and is not involved in any other case - Nothing is recovered from petitioner - There are 22 witnesses out of which 16 witnesses are yet to be examined an thus, trial is likely to..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - FIR lodged against unknown persons and no eye witness named - Alleged eye witnesses have come through affidavits that too after about eight days - Even, the correctness of affidavits was denied by giving contradictory stand - No empty cartridge recovered from the spot - Categorical finding was..........
Indian Penal Code, 1860, Section 302, 304(Part I), 304(Part II) -- Nature of offence - Accused gave several blows/multiple blows on the vital part of body/head which resulted into grievous injuries and he used Phakadiyat with such a force which resulted in skull fracture and a frontal wound on left side and wounds with 34 stitches on the left side of the skull extended..........
