Probation of Offenders Act, 1958, Section 4, 5, Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Incident had taken place about 39 years back on the spur of moment - Both the parties are resident of same village and are living peacefully for last 40 years - Considering provisions of Ss.4, 5 of P.O. Act, accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 346, 364, 201, 34, Arms Act, 1959, Section 25 -- Second bail application - Murder - Accused is in long judicial custody - Out of 36 PWs, only 3 witnesses have been examined so far - Conclusion of trial is likely to take a long time - Bail application allowed...........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC makes a co-perpetrator who had participated in the offence equally liable on the principle of joint liability...........
Indian Penal Code, 1860, Section 302, 34, 324 -- Murder - Accused had come prepared with lathi along with others who had carried toka, axe, gandasi - This fact is corroborated by fact that blood smeared lathi was recovered from possession of accused - Evidence establishes participation of accused in commission of offence with co-accused - Accused was the first one who..........
Indian Penal Code, 1860, Section 302, 394, 201, 34 -- Murder - Wife of deceased stated that she had not seen any of accused killing her husband - She was at home when incident occurred and people of village had informed her that her husband was killed by some other people - Accused has been wrongly roped in the incident because of prior enmity - Recoveries were also not at..........
Indian Penal Code, 1860, Section 302, 394, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1 himself did not see deceased going with accused - Prosecution story in such circumstances is not acceptable...........
Indian Penal Code, 1860, Section 302, 394, 201, 34 -- Murder - Circumstantial evidence - Prosecution failed to establish commission of alleged offence by accused beyond all reasonable doubt - Benefit of doubt thus, given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 307, 427, 270, 34, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29 -- Bail - Petitioner is in custody since more than 2 years and the conclusion of trial is likely to take time - Petitioner was not involved in any other case and further incarceration of the petitioner would be violative of the right of the..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - No positive, cogent and any reliable evidence placed on record against accused by prosecution to prove its case against them - Grave suspicion cannot take place of proof - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
