Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is in custody since 2022 but only 1 out of 19 PWs had been examined so far - Trial of case is not likely to be concluded anytime soon - Co-accused have already been granted bail - Further incarceration of accused is not required - Bail granted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Eye witnesses were closet relatives of victim - They allegedly saw fatal assault on victim and yet did not take any step to save him from assault - Eye witnesses who were standing or moving at ground level could not have seen gunshots being fired at deceased from roof of house of co-accused -..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Common intention of accused was never established by prosecution to connect them with crime charged - Deceased died of multiple injuries - Prosecution failed to establish for two accused `R' and `M' as to which injury is inflicted by which accused on the deceased, which resulted in death - Moreover, in the absence..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PW1 brother of deceased stated that PW4 informed him that accused had assaulted deceased by using a stick - However, PW1 did not state that PW4 was present when he reached the place where he found that deceased was laid in a tempo - Presence of PW4 at the time of incident is doubtful - Prior enmity of PW4 with accused..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Two projected eye witnesses have contradicted each other on every material aspect of the case - Case of prosecution is full of inconsistencies and no reliance can be placed on the testimony of said eye witnesses - Opinion of doctor that deceased died due to shock and hemorrhage is quite revealing - Guilt of accused not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 330, 331, 218, 120B, 34 -- Bail - Murder - Custodial death - Offence in question is grave and serious in nature - Accused enlarged on bail within 1-1/2 years of his detention - High Court committed error by granting bail to accused - Order granting bail set aside...........
Indian Penal Code, 1860, Section 302, 201, 34, Dowry Prohibition Act, 1961, Section 4 -- Murder - Allegation in FIR that accused caused death of deceased by pressing a crowbar on her neck - However, as per evidence of brother of deceased his sister had been assaulted and done her to death and dead body was cremated - No evidence on record as to from which source brother of..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Chain of circumstances not complete against A-2 to 6 - As regarding involvement of other accused, except that their names have been brought on record on the basis of confessional statement of accused `S', there is no other material to connect them with the killing of deceased - Confessional statement of co-accused..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of Kulhari from A-2 and lathi from A-1 not proved - Deceased sustained four injuries over his head - Allegations against A-4 that he inflicted injuries over head of deceased on more than two occasion - However, statement of eye witnesses does not inspire confidence in second trial against A-4 - Credibility of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Incident was witnessed by friends of deceased as per FIR - However, said witnesses not supported prosecution case and were declared hostile - PW13, who was also alleged to be eye witness to the incident not found at the place of occurrence by brother and mother of deceased when they reached place of occurrence..........
