Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 394, 323, 34 -- Suspension of sentence during pendency of appeal - Murder - Accused has already suffered incarceration of more than 20 years - Even, jail authorities after considering conduct of accused have recommended premature release/remission of sentence - Issue is now pending before..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Identification of accused - PWs not aware of identity of assailants - Their source of information is rumors on basis of which an assertion about identity of accused is made in FIR - No test identification parade is conducted - Box identification by witnesses for first time in Court in the..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Subsidiary evidence regarding recovery, which in the absence of substantive evidence by itself would not be sufficient - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Benefit of acquittal on parity basis - Cases of both co-accused and present accused stand on same footing - If after considering the matter, benefit is given to accused, similar benefit ought to be extended to co-accused - Co-accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 341, 34, 302, 307, 201, 120B -- Bail - Offence u/ss 323, 325, 341, 34, 302, 307, 201, 120-B IPC - It is not disputed that petitioner was not named in FIR and as per FIR there were 3 persons who had inflicted injuries upon father of complainant - Even, as per prosecution case, neither any..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of eye witnesses - Eye witnesses PW1 and PW2 stated that all the accused who were alleged to be wielding country made pistols had fired upon deceased - However, post mortem report indicates only one fire arm injury which is not consistent with the case of prosecution that all the accused had fired upon..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Accused are specifically named in the dying declaration recorded by Magistrate and it is specifically stated that they poured kerosene on her - Magistrate was examined as PW6 and nothing is on record with regard to any allegation against Magistrate to the effect that he..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 341, 324, 147, 148, 149, 427, 504, 506 -- Bail - Double murder case - Accused is a history sheeter and is having criminal antecedents - He is involved in double murder of having killed the father and brother of informant - Trial of cases is at the crucial stage of recording evidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149, 504, 506, 34 -- Bail - Murder - High Court granted bail to accused No.2 in serious offences without applying correct facts - High Court not at all appreciated the fact that all accused were charged for offences in question and all accused with a common intention..........
Indian Penal Code, 1860, Section 376, 376A, 376AB, 377, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Forensic report in respect of DNA match between incriminating articles recovered from scene of crime as well as at the instance of accused and blood sample of accused, not put to accused u/s 313 Cr.P.C..........
