Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 379, 411 -- Two FIRs - Same offence - Quashing of second FIR - Theft - Accused facing criminal proceedings with regard to theft of vehicle u/s 379 IPC - He cannot be tried in second FIR u/s 411 IPC with regard to same vehicle as it amounts to double jeopardy - Second FIR quashed...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra-judicial confession - Accused was all along in custody of police, thus it is highly unbelievable that he has gone to Village Administrative Officer and made extra judicial confession - Oral extra judicial confession held doubtful - Even otherwise, extra judicial confession is weak piece..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25 -- Attempt to murder - Criminal Conspiracy - Framing of charges - No role assigned by PWs to petitioner to cause any injury to injured - Rather PWs stated that petitioner went away from the scene of occurrence - Prima facie there is no evidence on record to involve petitioner in the alleged incident..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was beaten outside the house which was corroborated by site plan - Cross case was lodged by accused against deceased - Injury reports of accused were filed on record - Suggestions were also made to PWs about complainant party being aggressors - Ocular testimony of eye witnesses corroborated by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 302, 148, 149 -- Bail - Two versions regarding occurrence - No specific injuries attributed to petitioner - Role of petitioner to be determined during trial - Challan presented - Bail allowed...........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proving plea of insanity lies on accused...........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden lies on accused to prove plea of insanity - Merely by saying about mental status of a person without any document to substantiate the same cannot be said to be proved for the purpose of accepting the plea of insanity - Oral statement must be supported by documentary evidence...........
Indian Penal Code, 1860, Section 302, 307, 325, 84 -- Murder of 2 years old girl - Plea of insanity - Accused dashed the head of deceased against the wall, as a result she died and also assaulted the mother of deceased - Plea of insanity never taken in the course of investigation, rather it was taken first time in the course of trial - No document produced by defence in..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Where woman is raped by one or more of group of person acting in furtherance of their common intention each of person shall be deemed to have committed gang rape with the meaning of S.376(2)(g) - Act of gang rape has to be in furtherance of their common intention before deeming fiction of law..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Accused with co-accused took victim forcibly in car and one of accused committed offence of rape behind school - While victim was being raped by one, other persons did catch hold of her legs and hands - After said accused got his lust satisfied, did drop victim by side of road - All these..........
