Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 325, 307, 341, 147, 148, 149 -- Bail - Offence u/ss 323, 324, 325, 307, 341, 147, 148, 149 IPC - Genesis of incident is dispute on firing of crackers and there is no other dispute between parties - Trial has commenced but only one witness has been examined - Notice to de facto..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Merely because injured was not taken to nearest hospital, it does not create doubt as to place of incident, particularly when injured was in critical condition and there were no facilities to treat the critically injured patient at nearest place...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder case - FIR is not an encyclopedia and if necessary details are there, on its basis detailed narration by witnesses cannot be doubted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Discrepancy between wound certificate and post mortem report - Addition of stitched wounds in post mortem report does not create doubt regarding incident in question, particularly when doctor stated that deceased needed immediate treatment and as such only gross injuries were entered in register...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Source of light - Incident occurred at 7.30 pm - Accused contended that it is not clear as to how PW1 recognized the accused - Contention rejected, as accused were close relatives living in the house of witness, as such, it cannot be said that it was difficult for PW1 to recognize them when they assaulted her brother...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Non-recording of dying declaration - Deceased was not in a conscious condition when admitted to hospital - As such there is no question of recording dying declaration of deceased in such a critical condition...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Property dispute between family members - Testimony of sole eye/injured witness - Statement of PW1, is corroborated by not only PW29 and PW30 but also by medical evidence on record - FIR lodged promptly and copy of the same sent to Magistrate without any delay - All three accused were absconding from village after the..........
Indian Penal Code, 1860, Section 306, 107 -- General allegations - Not sufficient to attract S.107 or S.306 IPC - There should be material to show that accused suggested to deceased to commit suicide - Instigation and suicide must be proximate...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 107 -- Anticipatory bail - Abetment of suicide - Prosecution not able to collect any evidence to show that petitioner by his words or conduct suggested to deceased to commit suicide or that he did something which was proximate to commission of suicide by deceased - General allegation is not..........
Protection of Children from Sexual Offences Act, 2012, Section 24, 33, 36, Criminal Procedure Code, 1973, Section 327(2), 327(3), Indian Penal Code, 1860, Section 228A -- Investigating agency, prosecutors and Court must take appropriate measures to ensure that identity of child is not disclosed to his/her prejudice in course of investigation and trial - Trial of case..........
