Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 332, 353, 186, 379B, 307 -- Bail - Offence u/ss 148, 149, 332, 353, 186, 379-B, 307 IPC - Petitioner along with some workers were making a peaceful protest outside factory premises regarding non-payment of wages - Whether line for peaceful protest was crossed in alleged incident or not,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Injuries on head of deceased caused by a blunt weapon - Blunt weapon as deposed by eye witness is lathi in the hand of accused - Deceased suffered multiple injuries which shows attack by more than one person - Merely because PW was not believed in respect of another accused, testimony of said witness cannot be..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased in injured condition made statement before police and filed FIR - Doctor stated that when he examined deceased blood pressure could not be detected - However, that by itself does not mean that deceased was not in a physical condition to make any reporting to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - FIR referred presence of PW1 and PW2 - Substantive testimony of these two witnesses discloses that accused had opened an assault on deceased which led to his death - Assertion on part of PW1 that her earlier statement recorded during investigation was read over to her does not mean that she was tutored to follow line of..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Grave contradictions found in testimonies of two eye witnesses - Place of incident is surrounded by sugarcane farms and sugarcane was as tall as 8 feet, thus, PW1 and PW4 are certainly not eye witnesses of incident, particularly when it is unclear as to how far they were from scene of crime -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 149, 120B -- Quashing of FIR - Cheating - Prima facie from documents available on record and from perusal of FIR, petitioners have committed alleged crime - Therefore, at this preliminary stage, it cannot be said that FIR is liable to be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354D, 506, 509, 34, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Quashing of FIR - Compromise - FIR cannot be quashed on the ground that victim after attaining majority has decided to compromise matter with accused - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 380, 454 -- Bail - Murder - Accused is involved in heinous offence - After going through challan, it cannot be said that case is of no evidence against accused only for the reason that there is no eye witness of occurrence as per challan nor can it be finally said that circumstantial evidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 480, 486, 487, 120B -- Bail - Cheating - Accused submitted that due to communication gap between accused and his counsel, he could not appear before trial Court on date fixed - Bail granted subject to satisfaction of Court with a condition that accused will appear before trial Court on each..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354A, 341, 323, 506, 509, 34 -- Quashing of FIR - Compromise - Offence u/ss 354, 354-A, 341, 323, 506, 509, 34 IPC - Oral settlement arrived at between parties - Matter has been settled amicably - Complainant has no objection if FIR is quashed - No useful purpose will be served in prosecuting..........
