Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even a single witness, if found reliable, can form the basis for summoning u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of deciding an application u/s 319 Cr.P.C., Court is not required to adjudicate upon truthfulness of version, but only to see whether material on record, if unrebutted would justify trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement made on oath in Court is substantive in character and consistency between FIR and deposition only enhances the credibility of a witness - Therefore, argument that testimony is repetitive or lacks specific attribution is without merit - Application allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant who is also an injured eyewitness categorically implicates respondents in the role of restraining deceased while co-accused inflicted fatal blows - This conduct, if ultimately established clearly amounts to active facilitation of offence in question - Reliance placed by Trial Court..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of FIR - Offence when more or less is in the nature of a private offence such like in matrimonial cases, commercial disputes, money matters and some other offences of lighter nature, which does not affect public interest at large, then certainly in the given facts and circumstances of each and every case,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 230 -- Documents - Supply of copy to accused - Magistrate is bound to supply copy of police report and other documents to accused - Magistrate directed to comply with provision of S.230 BNSS and supply documents to petitioner as prayed for within a period of four weeks from the date of passing of order...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 149, 120B -- Bail - Murder - Petitioner is in custody for over 1 year 5 months - Case against him prima facie rests on circumstantial evidence - Petitioner is not clearly visible in CCTV footage and his name does not appear in dying declaration of deceased - No specific overt act..........
Indian Penal Code, 1860, Section 302, 309 -- Triple murder case - Accused allegedly killed his wife and two daughters owing to financial distress and also attempted to commit suicide by slashing veins of his wrist - However, critical witnesses of crime have turned hostile - From the inception i.e. from FIR to site plan to recorded statements and to recovery memo, all..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations of harassment and dowry demand must be specific with details of date, time, place and manner - Vague, omnibus and bald allegations without corroboration are insufficient to attract S.498A IPC - Accused acquitted...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry - Complainant alleged suffering miscarriage due to her family pushed her out of house - No medical documents from any medical institution or hospital or nursery produced to substantive allegations - Accused acquitted...........
