Indian Penal Code, 1860, Section 302 -- Murder - Mere abscondance of accused after the incident may not be indicative of guilty mind, but if said aspect is considered along with other circumstances, then it may become a relevant factor...........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of `B' who was first person to reach on the spot, by prosecution will not give any dent to prosecution case, when there are three dying declarations coupled with the fact that accused has not examined any witness to prove his plea of alibi...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Allegation against accused is that he overpowered deceased who was suffering from impairment of both of his legs, pinned him to ground sat on him and throttled his neck - Offence alleged against accused is of a grave nature - Accused was arrested only following a protest..........
Indian Penal Code, 1860, Section 302, 342, 354, 323, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s), 3(2)(5) -- Murder - Grant of bail - Accused have beaten deceased when he was tied by pipe and belt - He sustained serious multiple injuries and consequently he died - Eye witnesses identified the accused in..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred admittedly during night time - It is the deceased who went nearer and accused were not stationing themselves waiting for his arrival - Eye witness/PW6 improved his case on many occasions - Testimony given by PW6 on dying declaration, a case inserted by him in his supplementary..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Second bail application - Murder - Dead body of deceased found at his house which apparently bore injuries - Accused is behind the bars for more than 2-1/2 years and trial yet to be accomplished - Moreover, in view of the fact that case is more on suspicion than any ocular evidence in which..........
Indian Penal Code, 1860, Section 302, 34, 120B, 504, Explosive Substances Act, 1908, Section 3, 4 -- Double murder case - Bomb blast - Informant of case not supported case of prosecution - I.O also corroborated the fact that informant had not stated anything about bombs being thrown by accused - Two of the accused erroneously convicted and sentenced with death penalty and..........
Indian Penal Code, 1860, Section 302, 149, 148, 342 -- Murder - Informant and his family members were not there either at the time of occurrence or till arrival of police - They do not appear to be witnesses of occurrence - PWs declined to disclose the identity of assailants to police at the spot - In such circumstances, chances of concoction after deliberation cannot be..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Dismissal of first appeal in four lines in general terms, cannot be dealt within this fashion - Impugned order set aside - Matter remitted for consideration afresh by High Court...........
Indian Penal Code, 1860, Section 363, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder - Modification of sentence - Death sentence converted by High Court into life imprisonment till natural life of accused - However, without disturbing findings recorded by Courts below to conviction of accused, life..........
