Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 186, 332, 353, 120B, 504, 342, 506 -- Bail - Offence u/ss 186, 332, 353, 120-B, 504, 342, 506 Part II, 323, 34 IPC - Out of offences made out against petitioner only Ss.332, 353 IPC are no, bailable and punishable for a sentence upto three years and two years imprisonment respectively - No..........
Indian Penal Code, 1860, Section 302, 448 -- Murder - PW1, wife of deceased stated that accused armed with Khukri came outside their house and called deceased and thereafter assaulted her husband as a result he died - PW2, who was called for help by PW1 is not the eye witness but she saw accused and heard him shouting that he would kill deceased - Her evidence is..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Order framing charge - Pointing out one's illegal act cannot be said an act of abetting to commit suicide - At the most his intention could be to blackmail deceased - No doubt, deceased was under stress - Reason was fake documents used by deceased while purchasing motorcycle - Guilty consciousness of deceased..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 436, 427, 148, 149, 120B, 188, Prevention Of Damage to Public Property Act, 1984, Section 4, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Offence u/ss 307, 436, 427, 148, 149, 120-B, 188 IPC, S.4 of 1984 Act and Ss.3, 4 of 1908 Act - Petitioners had a very desperate idea to..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Impleadment of adulterer as party - Act does not make it obligatory to implead alleged adulterer on the ground of adultery - However, alleged adulterer is a proper party to proceedings u/s 13(1)(i) of the Act, even though he is not a necessary party - Direction of Court below to implead adulterer as party..........
Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Murder - Circumstantial evidence - Place of occurrence verified pursuant to information supplied on behalf of accused - However, place of occurrence was already known to police, in as much as, it is the same place from where dead body of deceased was recovered - Verification of place by accused which was already known..........
Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Murder - Circumstantial evidence - Recovery of tempo at the instance of accused - Tempo was recovered from open place and not from conscious possession of accused - Witnesses of recovery were examined by prosecution but they have not uttered a single word regarding said recovery being effected in their presence - Such..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Test Identification parade (TIP) - Murder - Identity of accused already disclosed to witnesses before TIP - Identity of accused by said witnesses before Court is of no evidentiary value, as it is not fair and reliable - Consequently circumstantial evidence of last seen does not itself..........
Indian Penal Code, 1860, Section 302, 364, 392, 34, Evidence Act, 1872, Section 65B(4) -- Murder - Circumstantial evidence - Call details - No evidence on record as to how call details brought on record to connect accused with commission of crime - Moreover, no evidence with regard to call details could be proved unless competent officer of concerned cell phone company..........
Indian Penal Code, 1860, Section 302 -- Murder - Corpus delicti not found - If it is established that a particular person was intentionally killed in absence of discovery or production of body of murdered person, a conviction can be sustained, as conviction for an offence of murder does not necessarily depend upon corpus delicti being found...........
