Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Entire case of prosecution rests on circumstantial evidence - Accused in custody for 15 months - Charge sheet already filed - It is just and proper to release accused on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already..........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband - Common intention - A1 to A3 with common intention committed crime, which is proved by prosecution - Mere fact that evidence u/s 120-B IPC is not proved does not in any manner effect charge u/ss 302 r/w 34 IPC - Thus, conviction of A1 to A3 u/s 302 r/w 34 IPC cannot be faulted...........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband with help of his friends - Circumstantial evidence - Defence story set up by A1 that he gave lift to three unknown persons in car who robbed them and committed murder of his wife which is not probable, as priest of both families stated that A1 was in company of A2 and A3 before occurrence -..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - Eye witnesses asserted that accused `A-6'and other threw chilly powder upon deceased - However, doctor who conducted post-mortem examination of the bodies of deceased, categorically stated that he did not notice any chilly powder on any part of the bodies of deceased - Therefore, this..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - There is strong possibility of political intervention and glaring inconsistencies in the prosecution case, including registration and dispatch of the two FIRs, which give rise to likelihood of strong manipulation of the case by police - Even, version of prosecution as put forth opens the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Admittedly, accused stabbed to death his concubine by using knife - There is consistency in evidence of PWs and findings recorded by surgeon - Even, post-mortem report reveals injuries on deceased - Thus, in absence of any evidence to contrary, post-mortem report can..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 504, 427 -- Sanction for prosecution - Offence u/ss 323, 504, 427 IPC - Accused a public servant at relevant time, as he was holding post of District Programme Officer - He was deputed in premises of District Magistrate in connection with `Janta Darbar' and was performing his duty on date of..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - For the purpose of framing of charge u/s 307 IPC, primarily intent of accused is to be assessed - Exact nature of injuries suffered is purely secondary - There may be situations where charge u/s 307 IPC can be framed even without any injury being caused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 307 -- Discharge - Attempt to murder - All four injured persons received injuries on the skull - Repeated blows were rained on the head of injured by accused which is sort of murdering the victims - Injuries were inflicted with significant force and went up to depth of bone - Therefore, discharge..........
