Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Indian Penal Code, 1860, Section 379 -- Offence u/s 379 IPC - Reduction of sentence - Accused remained behind bars for about 5 months out of total sentence of 6 months only - He not indulged in any other criminal case except present one - Considering the fact that he has suffered 5 months of incarceration and he faced financial hardship and had to go through mental agony,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 188 -- Quashing of proceedings - Compromise - Offence u/ss 379, 188 IPC - Compromise arrived at between parties and they settled their differences - Continuation of criminal proceedings after compromise would amount to abuse of process of Court - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Criminal Procedure Code, 1973, Section 361, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 34 -- Benefit of probation - No criminal antecedents against accused - Court is inclined to give them benefit of releasing them on probation of good conduct - Accused shall be released on probation of good conduct...........
Criminal Procedure Code, 1973, Section 379 -- Appeal against acquittal - Law as to: (i) while dealing with appeal against acquittal, reasons which had weighed with trial Court in acquitting accused must be dealt with, in case appellate Court is of the view that acquittal rendered by trial Court deserves to be upturned: (ii) with an order of acquittal by trial Court, normal..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1/brother of deceased stated that deceased went along with accused persons at night - However, there is variation regarding sequence of events which happened prior to accused meeting deceased or deceased meeting PW1 - Moreover, circumstance of last seen by itself..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - Accused confessed the crime before PWs 1 to 4 - Evidence of these PWs is not consistent with each other - Extra judicial confession leading to discovery of dead body not proved...........
