Indian Penal Code, 1860, Section 302, 324, Evidence Act, 1872, Section 3 -- Murder - Injury report of injured witness - Failure of prosecution to place injury report of witness from the Hospital, where he was first taken for treatment is lacuna, but cannot be held to be fatal as to doubt the entire prosecution case or shake the credibility of witness...........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Accused came together armed with a hammer, sickle and iron rod respectively and assaulted deceased repeatedly on head - Repeated assault by each of accused on the head of deceased reflects individual intention of each of them to ensure the death of deceased - Number of injuries on the head of deceased speaks for itself..........
Indian Penal Code, 1860, Section 326, 147, 148, 149, 427, 506 -- Offence u/ss 326, 147, 148, 149, 427, 506 IPC - Property dispute - None of PWs named the present accused as the persons who assaulted any person belonging to complainant party - Injured witness only named accused `M' (since deceased) - Material contradictions and inconsistencies in the testimony of public..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - Forged Will - Matter is sub judice in Civil Court regarding genuineness of disputed Will - Institution of criminal proceedings therefore, on the allegation that Will is forged one would be abuse of process of law - Criminal proceedings..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Appeal against acquittal - Prosecutrix stated that complaint filed on behalf of her was not dictated by her and same was prepared by her brother and that contents of complaint were not read over to her at the time of filing the same - Parents of prosecutrix declared hostile - Prosecution failed to prove charges..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Circumstantial evidence - Motive of crime proved on record as accused taken away Rs.10,000 from house of deceased, though they not succeeded in taking away the amount of Rs.3.5 lakhs, which was in their knowledge - Blood stain clothes of accused recovered at the disclosure statement of accused and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 121, 121A, 122, 123, 302, 307, 323, 427, 120B, Explosive Substances Act, 1908, Section 3, 4, 5, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 19, 20, 23, Information Technology Act, 2000, Section 66 -- Bail - Five bomb blasts - Out of 610 cited witnesses, till date, over a period of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 498A, 323, 324, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Matrimonial dispute - Injury report to demonstrate injuries received by wife of accused - Chances of amicable settlement between parties - Chance of absconding of accused from course of law is very low, as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Quashing of proceedings - Offence u/ss 452, 323, 504, 506 IPC - Prime facie alleged offences is made out against accused - When factual foundation of any offence is laid against accused, Court should not intervene in exercise of its inherent jurisdiction - Summoning of..........
