Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(AB) -- Suspension of sentence during pendency of appeal - Applicant has already undergone custody of 1 year, 2 months and 8 days - Appeal is not likely to be heard in near future - Sentence suspended during pendency of appeal...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere fact that accused used to threat victim at places to implicate him in false criminal case and they created financial, mental and physical pressure upon victim, that by itself does not constitute the ingredient of instigation - Presence of mens rea is also the necessary concomitant of instigation...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Mere evasive allegation of harassment or threat without even mentioning date, time or place of such occurrence of positive action, proximate to time of occurrence on the part of petitioners which led or compelled victim to commit suicide, conviction u/s 306 IPC is not..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 17, 38(1)(2), 40, 22A, 22C, Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, Section 8(2), (3), (5), Indian Penal Code, 1860, Section 201, 149, 120B, 34 -- Bail - Offences u/ss 10, 13, 17, 38(1)(2), 40, 22-A, 22-C of 1967 Act, S.8(2), (3), (5) of 2005 Adhiniyam and..........
Indian Penal Code, 1860, Section 409, 420, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d), 18A, Criminal Procedure Code, 1973, Section 102 -- Offence u/ss. 409, 420, 477A, 109, 120B IPC and 13(2), 13(1)(c), 13(1)(d) PC Act - Freezing of bank account - Petitioner alleged that bank account cannot be frozen u/s 102 Cr.P.C after..........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Indian Penal Code, 1860, Section 302 -- Murder - Mere seizure of blood stained articles without conclusively linking them to accused and crime, cannot be a ground for conviction of a person for a serious offence like murder...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen evidence would be highly incriminating and it would be for accused to explain what happened after he was seen last in the company of deceased...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of mother of deceased/PW3 - Significant improvements and omissions in the evidence of PW3 - Said omissions are so relevant that they become contradictions in view of S.162 Explanation Cr.P.C - Testimony of PW3 not reliable...........
