Indian Penal Code, 1860, Section 436, 477A, Evidence Act, 1872, Section 5 -- Circumstantial evidence - Accused with a view to destroy the evidence that may be used against him in a pending departmental inquiry, set on fire his office - Trial Court convicted the accused while High Court hold that prosecution has not established its case as against the respondent beyond..........
Criminal Procedure Code, 1973, Section 89, 436 -- Bailable offence - Non bailable warrants issued for procuring presence - The moment such a person is either produced in execution of warrant of arrest or appear on his own has to be released on furnishing bond with or without surety as liberty of no person can be curtailed, abridged or put in shelf in a case where he is..........
Indian Penal Code, 1860, Section 436 -- Reduction in sentence - Conviction u/s 436 IPC - Appeal against - Appellant suffered the rigour of protracted trial of long 14 years - Sentence reduced from 10 years to 3 years - However sentence of fine increased from Rs.100/- to Rs.5,000/- and in default of payment of fine appellant to further undergo RI for six months...........
Indian Penal Code, 1860, Section 148, 302, 325, 323, 452, 436 -- Conviction of nine persons - Affirmed by High Court without reappraisal of evidence - Appeal to Supreme Court - Complainant party and accused party related but inimical - FIR lodged late though police station was nearby - Version of PW 2 found to be an improvement on the basis of medical evidence -..........
Indian Penal Code, 1860, Section 302, 34, 436, 34 -- Appeal against acquittal u/s 302/34 and 436/34 IPC - Submission that higher sentences would have been more appropriate in respect of established offences - Held, question not to be gone into in absence of appeal by prosecution in that regard...........
Indian Penal Code, 1860, Section 120B, 436, 302, 307, 326, Explosive Substances Act, 1908, Section 3, 5 -- Bomb explosion - People trapped in falling buildings and dying - Accused found guilty by Designated Court - Appeal against to Supreme Court - Plea regarding non acceptability of evidence of PW40, PW67 and PW68 - Not suffering from any infirmity - Non examination of..........
Indian Penal Code, 1860, Section 396, 436, 34, Arms Act, 1959, Section 27 -- Appeal against conviction - Evidence of P.W.6 wife of deceased husband is reliable and trustworthy despite certain trivial discrepancies to sustain conviction - It is not necessary to go for any other material produced by prosecution to confirm their conviction and sentence...........
Indian Penal Code, 1860, Section 302, 307, 449, 436, 201, 149 -- Riot and murder - Charge that accused assembled into an unlawful assembly accosted PW1 and the deceased while they were coming out of a hotel, assaulted deceased with sword, tried to set the house on fire wherein deceased took shelter and killed the deceased and set dead body on fire - 20 witnesses examined..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(2)(i), 3(ii), Indian Penal Code, 1860, Section 120B, 147, 148, 149, 302, 326, 436, 506 -- In a chawl room occupied by persons belonging to Hindu community - - Set on fire by persons belonging to rival community - Several persons burnt alive - Delay in examination of eye witnesses - Not satisfactorily..........
Indian Penal Code, 1860, Section 302, 302, 149, 148, 436, 449, 201 -- Mass murders of one family members - Two eye witnesses to the occurrence are close relatives of deceased - Evidence of PW1 corroborated from FIR lodged within four hours of occurrence - PW1 named accused person with weapons which they were carrying and manner in which they assaulted five persons - PW2..........
