Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 302, 307, 34 -- Bail - Offence u/ss 341, 302, 307 read with S.34 IPC - Two other co-accused granted bail - Prima facie material against the petitioner - Quarrel ensued between deceased and petitioner at the first instance and thereafter petitioner with other co-accused caused assault -..........
Indian Penal Code, 1860, Section 302, 307, 333, Criminal Procedure Code, 1973, Section 428 -- Benefit of set off - Grant of - Appellant was sentenced to imprisonment for life u/s 302 of IPC, 10 years' rigorous imprisonment u/s 307 IPC and 10 years' rigorous imprisonment u/s 333 IPC - Held, appellant is entitled to benefit of set off u/s 428 of Cr.P.C...........
Indian Penal Code, 1860, Section 307, 34, 394 -- Occurrence took place on 26.9.1979 - Only evidence is of single identification which is very weak and that too cannot be accepted in its totality - FIR do not give any detail of any assailants - Identification made by two accused but one of them had seen the accused at the time of his arrest and this was the reason he was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307 -- Bail - Gun shots - Two persons died and two others injured - Grant of bail to two other accused on ground of alibi and to other on ground of his old age are distinguishable with case of applicant - Gravity of offence too much - Applicant not entitled to bail...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury inflicted on vital part - The weapon pierced into the body to a death of 7 cms - Intention to commit murder stands proved...........
Indian Penal Code, 1860, Section 302, 307, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - Plea of insanity of accused - Accused allegedly resisted his arrest by firing upon fellow police officials - As per evidence on record accused was normal and fully conscious of his actions - Incident was result of anger and not insanity - Conviction..........
Indian Penal Code, 1860, Section 302, 307, 149, 300 -- Group clash - Role of some of the accused not mentioned in the FIR - The incident had taken place in a state of quarrel - Held, it is quite natural that in faction ridden villages there is a tendency to implicate all the supporters of the group - Accused who were not assigned any role in the FIR acquitted - Further..........
Indian Penal Code, 1860, Section 307, 326, 149 -- Group clash - Injured sustained fracture of wrist joint - Another injured sustained fracture of left knee joint - Injuries not on vital parts of the body - Conviction under Section 307 IPC is bad - Case fall within the domain of Section 326 IPC...........
Indian Penal Code, 1860, Section 302, 307 -- Death in police encounter - Version of police that on the night of occurrence a police party was engaged in encounter with 4/5 terrorists - Two occupants of car died in cross firing - Car not damaged by firing - No injury received by driver of car - Post mortem report shows that while sitting in the car, injuries not possible -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Testimony of injured witness and informant not reliable - Motive not established - Fact that injured witness was coming on cycle with informant not mentioned in FIR - Statement of injured recorded after 20 days - Contradictions in testimony of injured and informant not explained - Medical evidence partly at..........
