Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s), 3(2)(va), 18, Indian Penal Code, 1860, Section 341, 323, 324, 504, 427, 479, 34 -- Anticipatory bail - Offence u/ss 3(1)(r)(s), 3(2)(va) of SC/ST Act and Ss.341, 323, 324, 504, 427, 479, 34 IPC - Accused not only abused informant by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 188, 34 -- Bail - Offence u/ss 323, 324, 326, 188, 34 IPC - Co-accused already granted bail - Disputed question as to who caused grievous injury with sharp edged weapon on left arm of injured, arises in the case - Keeping in view of facts and circumstances of case, nature of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 326, 341, 506 -- Bail - Double murder case - Specific allegations against accused are on record - Serious offence of double murder has taken place motivated by previous enmity on account of party politics, leading to death of both the sons of complainant - Order granting bail set..........
Indian Penal Code, 1860, Section 148, 149 -- Common object - Accused more than 5 at the time of charge sheeting, but owing to acquittals of some of them over course of trial, remaining number of accused falling below five - Charge u/ss 148, 149 does not survive - Accused acquitted...........
Indian Penal Code, 1860, Section 34 -- Common intention - Attempt to murder - Attack was apparently pre-mediated - Incident was not in a spur of moment - Accused had previously threatened complainant with physical harm if he attempted to irrigate his fields - Attack on complainant was thus, pre-planned and calculated - Nothing on record that complainant caused any..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Specific roles have been attributed to each of accused by injured that each accused individually attacked complainant with a deadly object on furtherance of common intention of killing him - Weapons used and injuries inflicted were more than sufficient to cause death in ordinary course of nature - Injuries have..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Accused were all armed with deadly weapons - They surrounded complainant and in a brutal attack caused him gruesome injuries and disabled him for life - Accused have not undergone even half of their sentence period - Having enjoyed more productive part of their lives outside jail cannot..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Anticipatory bail - Offence u/ss 409, 467, 468, 471 IPC - Petitioner joined investigation and is not required for any further investigation - Held, without commenting on merits of case, interim bail granted to accused is made absolute - Anticipatory bail granted to..........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, Indian Penal Code, 1860, Section 307, 149, 34 -- Attempt to murder - Alteration of charges u/s.149 to S.34 IPC - Each accused individually attacked complainant with deadly objects with common intention of killing injured i.e. informant - Since attack was pre-planned..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3 -- Attempt to murder - Non-examination of independent witnesses - Presence of independent witnesses in every case at the time of incident is not correct as for most violent crimes are seldom anticipated - Adverse inference must be drawn as per facts and circumstances of each case...........
