Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304A, 114, 120B, Motor Vehicles Act, 1988, Section 177, 184, 134 -- Bail - Murder of wife by husband - Accused hatched a criminal conspiracy with co-accused to kill his wife and tried to make out an accidental case for monetary benefits - High Court while releasing accused on bail has not at..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No overt act alleged against accused - Specific role and overt act is alleged against co-accused - There is no allegation even by eye witness that accused had dragged the dead body and thrown it into courtyard of deceased - Solely on basis that accused accompanied with accused when they went to house of deceased and..........
Indian Penal Code, 1860, Section 363, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Kidnapping and murder - Penetrative sexual assault on 7 years old girl - Death sentence - Victim is 7 years old daughter of mentally retarded..........
Indian Penal Code, 1860, Section 363, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Kidnapping and murder - Penetrative sexual assault on 7 years old girl - Circumstantial evidence - Last seen theory - Accused was arrested based on..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused armed with aruval weapon caused multiple injuries on deceased - Incident occurred on the spur of moment when accused on seeing deceased in street completely lost his self control - There is no element of provocation - Accused attacked deceased with Aruval with an intention to cause bodily..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Deceased specifically stated in all the three dying declarations that accused her Devar after pouring kerosene oil on her set her on fire - However, no question was put by Naib Tehsildar in dying declaration Ex.P5 with regard to cause of incident - When no question..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Merely because there is some confusion regarding time of recording police statement and dying declaration Ex.P5, it cannot be said that it goes to root of prosecution case - Neither police statement nor said dying declaration can be discarded on account of minor..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Fitness certificate - Doctor had given the fitness certificate after examining the injured - Whether fitness certificate was written in the duty room or it was written in the ward itself, would not make much difference - More so, doctor and Naib Tehsildar are..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Plea of alibi - Accused pleaded that he had gone for doing labour work at the time of incident - However, accused has not examined any witness in his defence - Except bald statement of hostile witness/PW3, nothing on record to suggest that at the time of incident, accused was not present on the..........
