Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Offence u/ss 498-A, 354, 506 Part-I IPC - Case does not entail a direction for transferring investigation from State police/special team of State Police Officers to CBI - Facts and circusmatnces in which offence is alleged to have been committed can be better investigated into by State police..........
Indian Penal Code, 1860, Section 302 -- Murder in Courtroom - Inquest undertaken and body sent for postmortem even before registration of FIR - Entire prosecution case cannot be discarded as assault was made in Courtroom which called for immediate action on part of investigators to clear the Courtroom as early as possible...........
Indian Penal Code, 1860, Section 302 -- Murder in Courtroom - Accused were carrying sharp cutting weapons in their hands - Even if both the accused were carrying sharp cutting weapons in their hands, the assertion that someone else had also secreted weapons in Courtroom, by itself is not inconsistent with the prosecution case...........
Indian Penal Code, 1860, Section 302 -- Murder in Courtroom - First informant soon after recording of assailant corrected himself, as a result of which name of third assailant came to be dropped - It cannot demolish the case of prosecution entirely so long as version of eye witnesses inspires confidence and well corroborated by material on record - Accused rightly..........
Indian Penal Code, 1860, Section 302 -- Murder in Courtroom - Presence of eye witness PW 28 on the spot not doubtful as he is a Police Officer who was required to give evidence in adjoining Court - In case of any Commotion as a result of any assault, a trained Police officer is certainly expected to reach the place in question, which PW28 did with promptitude - Evidence..........
Indian Penal Code, 1860, Section 302 -- Murder in Courtroom - Identity of accused - Eye witnesses clearly identified both the accused, as accused were involved in criminal activities - Moreover, it would be natural for PW 28 a police officer who had spent 10 years in police service in the area to be aware of the identity of both the accused - Similarly the other eye..........
Indian Penal Code, 1860, Section 302 -- Murder of step mother and her children - Oral dying declaration of deceased `G' - Death was caused due to shock from burns by fire - Dying declaration of `G' as deposed by PW14 her brother is not supported by MLC of deceased `G' and also discredited by two independent witnesses who accompanied the deceased in ambulance - Deposition..........
Indian Penal Code, 1860, Section 302 -- Murder of step mother and her children - Circumstantial evidence - Ghastly murder of five members of a family - However, there is no evidence on record to prove guilt of accused - Dying declaration of one of deceased is not proved on record - Material improvements into testimony of PW14, witness of dying declaration - Merely on the..........
Indian Penal Code, 1860, Section 395, 396, 307, 149 -- Offence u/ss 395, 396, 307, 149 IPC - Circumstantial evidence - Prosecution alleged that accused looted a sum of R.22,000 from deceased and they also took away his wallet - But, neither money nor wallet was recovered at the instance of any of accused - Prosecution though produced a large number of independent witnesses..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - FIR u/ss 307, 34 IPC and S.25 of Arms Act - Charge-sheet not filed within stipulated period of 90 days - Petitioner filed application u/s 167(2) Cr.P.C. on account of default on prosecuting agency in filing charge sheet - Mere fact that subsequent thereto charge sheet was filed by State, right accrued in..........
