Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397 -- Bail - Offence u/ss 395, 397 - Challan was presented and charges were already framed - Out of 23 PWs only 1 witness has been examined till date - Petitioner has undergone an actual custody of 1 year and 27 days and there is not other case registered against him - Veracity of..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Sudden and grave provocation - Merely by asking appellant to wait for some time to serve food as it was under process does not indicate that there was any kind of grave and sudden provocation caused by deceased to appellant - Conviction upheld...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Sole child eye witness aged 13 years at time of deposition - Nothing brought out in cross-examination to disbelieve evidence of child witness and there was also no reason for child witness to depose falsehood against appellant, who is none else than her father - Conviction..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Credibility of minor eye witness testimony - If evidence of solitary eye witness is clear, cogent, trustworthy and above board, same can be acted upon - Evidence given by minor remained same during cross examination and is getting corroboration from other evidence - Conviction..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 409, 467, 468, 471, 120B -- Interim bail - On the medical grounds of wife of accused - Cheating - Wife of accused advised surgery for Pedicle Screw Fixation - Accused is a person with family ties and is not a flight risk - Nature of prosecution evidence is mostly documentary in nature,..........
Indian Penal Code, 1860, Section 420, 468, 471, 504, 506, 120B -- Cheating - Quashing of FIR - FIR in question is a counter blast to complaint of petitioner lodged with malafide intention to harass petitioner - Allegations levelled in the FIR are not supported by any linked evidence - Only allegation made against petitioner in FIR is the date of birth was wrongly mentioned..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Petitioner has undergone actual custody of 8 months and 28 days as undertrial - No other case is pending against petitioner - Trial of case is likely to consume considerable time..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Bail - Cheating - No averment from prosecution's side that there are chances of absconding or tampering with the witnesses or intimidation of victim or witnesses on the part of accused who is a lady - She is in jail since 12.10.2023 and till date charge has..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Motive - Prosecution has enough evidence to hold that accused had the clear motive to eliminate deceased - An illicit/incestuous relationship between A-1 and A-2 had become known to deceased and her family and she had become a stumbling block in the relationship which swelled the common..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Medical evidence - Deceased appeared to have died of compression over neck - Medical record clearly establishes that deceased had died due to external injuries, which could not have been a natural consequence of consuming paint, as alleged by accused - Presence of accused at the time and place..........
