Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 392, 394, 34, 411 -- Suspension of sentence during pendency of appeal - Offence u/ss 392, 394, 34, 411 IPC - Complainant identified accused in Test Identification Proceeding and in his deposition before Court - He had seen accused in unmuffled face in Court - Accused had already spent more than 3..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Mere fact that woman committed suicide within seven years of her marriage and she had been subjected to cruelty by her husband, does not automatically give rise to presumption that suicide had been abetted by her husband - Court is required to look into all..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra-judicial confession - Accused had extra marital affair with wife of deceased which led to murder of deceased - He made extra judicial confession before PW6 - However, PW6 did not go to police station after accused made extra judicial confession before him -..........
Indian Penal Code, 1860, Section 307, 452, 427, 506, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Attempt to murder - Case of no injury, as none is injured in the case - Challan is presented and petitioner is in custody since 2019 - Petitioner is no more required in any further investigation of case - Trial of case may take some time..........
Indian Penal Code, 1860, Section 307, 323, 324, 147, 148, 149, 447, 427 -- Attempt to murder - Framing of charge - Injury caused to injured by use of sharp weapon is located on the head, which is a vital part of body - Intention of assailants was to commit murder and nothing short of that - Whether or not accused were acting in their right of private defence, would have to..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, 449, 326, 325 -- Suspension of sentence during pendency of appeal against conviction - Murder - Accused named in FIR but not charge sheeted by investigating agency and was summoned as an additional accused - There are manifest loopholes in prosecution case regarding recording of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Anticipatory bail - SIT came to a conclusion that no such incident of alleged molestation had taken place and according police prepared cancellation report - Present petition is thus rendered infructuous - Police authorities are at liberty to proceed against prosecutrix for..........
Indian Penal Code, 1860, Section 275 -- Offence u/s 275 IPC - There is no evidence that accused had any knowledge that drug in question was adulterated - Evidence on record show that after receipt of test report, which was basis of prosecution, accused stopped sale of drug in question - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 13, 17, 18, 38, 39, Indian Penal Code, 1860, Section 120B, 121A, 125 -- Bail - Offence u/ss 13, 17, 18, 38, 39 of Unlawful activities Act and Ss.120-B, 121-A, 125 IPC - Ample material in investigation paper against applicant, from which, it can be said that applicant has..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Accused can be convicted on the sole testimony of prosecutrix provided it is reliable and trustworthy...........
