Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witness - PW4 knew the victim, allegedly saw fatal assault on victim and yet kept quiet about the incident - If PW4 had occasion to actually witness assault, his reaction and conduct does not match to ordinary reaction of a person who knew deceased and his family - Testimony of eye witness discarded..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 438 -- Abetment of suicide - Anticipatory bail - Accused having a fight with deceased - Cannot be taken as abetment to deceased to commit suicide - Moreover, counsel for the State has not disputed that except ligature mark qua hanging, there are no other injuries found on the body of deceased -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Murder case - Petitioner is evading his arrest for last more than 2 years - He did not appear even after dismissal of his first anticipatory bail application - Innocence of petitioner is yet to be proved before competent Court -..........
Indian Penal Code, 1860, Section 376 -- Gang rape - Police protection to victim's family and witnesses - Held, without casting any aspersions on security personnel of State Police, in order to allay all apprehensions and only as a confidence building measure, It is directed that security to victim's family and witnesses shall be provided by CRPF within a week...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Posting and uploading nude photographs of spouse, particularly wife in public domain amounts to betray the mutual trust and confidence - Attracts provision of S.498-A IPC...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 504, 34, Information Technology Act, 2000, Section 66(E), 67 -- Anticipatory bail - Cruelty - Posting and uploading nude photographs of wife by husband in public domain, attracts offence u/s 498-A IPC, as it is striping off a woman in public by husband himself - Anticipatory bail denied to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Anticipatory bail - Rape - Conduct of victim accompanying accused to her bedroom without any resistance and subsequently without any reasons running away to forest from safe custody of her maternal uncle and staying..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Out of 12 charge-sheeted accused 10 have been granted bail - Petitioner's petition dismissed 2 times - Cases involving honour killing requires fast track investigation - Before granting bail Court is directed to deal with facts and..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Nature of offence - Deceased died due to heart attack - There are no external or internal injuries found on body of deceased - Assault was made by accused by his elbow which alone was not sufficient to cause death of deceased - Accused had no intention or knowledge to cause death of deceased and as such no injury is..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Incident occurred in 2005 - Accused is facing trial since 2006 - He already remained in jail for one month and 18 days - Accused had no criminal antecedents - Since fine amount is paid, accused sentenced to period already undergone by him...........
