Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 452, 323, 324, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 452, 323, 324, 148, 149 IPC - Matter has been compromised and complainant have no objection in case FIR is quashed - Statement of complainant and injured person have been made voluntarily without any fear, coercion or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 427, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Attempt to murder - Petitioner regularly appearing before trial Court, but till date, not even a single PW has been examined - Although petitioner is facing three other cases, but he is on bail in all of them - Sending..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 506, 34 -- Bail - Attempt to murder - Accused were arrested on 26.03.2022 in connection with crime and since then they have been in judicial custody - Injured was also discharged from hospital - Nine material witnesses also examined in the case - There is considerable progress in the..........
Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Once charge against accused u/s 324 IPC of voluntarily causing injuries by fire arm which is dangerous weapon stands established, they cannot escape punishment for using arms prescribed by S.27 of Arms Act - Accused rightly convicted...........
Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Prior enmity between parties due to land dispute - Accused were present at the place of occurrence with a firearm and injury has been caused to informant due to act of accused, as per version of PWs - Defence plea of alibi taken by accused `M' does not inspire..........
Indian Penal Code, 1860, Section 323, 324, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 324, 34 IPC - Compromise arrived at between parties - Offence u/s 324 IPC is non-compoundable - However, without adjudicating this point, in the facts and circumstances peculiar to this case, prosecution qua non-compoundable offences..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 323, 324, 354, 147, 149, 506 -- Juvenile - Bail - Murder - Juvenile is below 18 years of age and has no criminal history - Role of juvenile and adult co-accused who is already granted bail having identical role - There is no justification to hold juvenile..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Accused Nos.1 to 3 were identified by eye witnesses and injured eye witnesses - There are no major/material contradictions in the deposition of eye witnesses and injured eye witnesses - Merely because witnesses were relatives of deceased, their evidence cannot be discarded solely on that..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Overt acts of accused Nos.4 to 11 are different than that of accused Nos.1 to 3 - Case of accused Nos.4 to 11 is not comparable with case of accused Nos.1 to 3 - Moreover, findings recorded in respect of acquittal of accused Nos.4 to 11 are on appreciation of evidence on record and view..........
Indian Penal Code, 1860, Section 307, 326, 324 -- Nature of offence - Incident occurred due to quarrel - Accused never intended or he knew that he likely to cause any grievous hurt or he intended to cause death of PW4 and PW5 - He has taken a defence that there was altercation and scuffle between PW4 and PW5 and they fell down - Such explanation to some extent cannot be..........
