Indian Penal Code, 1860, Section 302 -- Murder - Accused on previous night came to house of PW2 and since expressed his apprehension about danger to his life from other villagers and asked to stay in their house - On the next day PW1 knocked the door and accused did not open and threatened her stating that he had already killed deceased - Accused did not open the door even..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Nature of offence - Injuries caused to deceased were superficial and simple in nature - None of internal organs of deceased were effected by injuries - Eye witnesses did not give convincing evidence to establish that any of accused used a sharp weapon while assaulting deceased - There exist grave contradictions in statements..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between husband/accused and wife/deceased - Incident took place on spur of moment after a sudden quarrel - Accused did not act in an extremely cruel manner and blows by lathi were inflicted on non-vital parts of body - However, accused can neither be imputed the intention nor knowledge that..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Accused are brothers of deceased - Incident occurred in heat of passion followed by heated discussion and during quarrel one of accused had tried to see that deceased remaining in four corners of home or go back to her matrimonial home, as she wanted to elope with a person though she was a married lady having..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 427, 147, 148, 149, Arms Act, 1959, Section 3, 25 -- Cancellation of anticipatory bail - Murder - FIR is registered against accused for intimidating and threatening witnesses - Even, after grant of bail, another FIR registered against accused u/ss 384, 387, 379 IPC - Accused though..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 506, 34, Arms Act, 1959, Section 25, 54, 59 -- Bail - Murder - Plea of false implication and import of evidence of ballistic expert has to be debated during the course of trial - Petitioner a young man of 24 years is in custody from last 5 years with delay in his trial not attributed to..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in a spur of moment without any preparation or deliberation - Quarrel between accused and his sister which led to unfortunate incident - No evidence on record that accused had actually made any preparation for committing the offence - Prosecution not established any motive for..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Conviction with aid of S.149 IPC can be recorded against less than five persons if it is found that five or more persons have taken part in the occurrence...........
Indian Penal Code, 1860, Section 302, 149, 325 -- Triple murder case - Common object - Prosecution failed to establish which amongst accused has inflicted which particular injury to three deceased - PWs stated that accused have assaulted deceased persons by fists and kicks - Injuries found on deceased such as fracture of ribs and bone would fall under definition of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 148, 149, 404, 216, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner was not named in the FIR - He was named only after disclosure statement of co-accused - Petitioner has been denied his personal liberty since 15.7.2019 - Trial of case is likely to take time - No useful purpose..........
