Indian Penal Code, 1860, Section 302, 149, 148, 342 -- Murder - Informant and his family members were not there either at the time of occurrence or till arrival of police - They do not appear to be witnesses of occurrence - PWs declined to disclose the identity of assailants to police at the spot - In such circumstances, chances of concoction after deliberation cannot be..........
Indian Penal Code, 1860, Section 304(Part II), 338, Motor Vehicles Act, 1988, Section 185 -- Reduction in sentence - Offence u/ss 304(Part II), 338 IPC and S.185 Motor Vehicles Act - Incident is of year 2016 and appellant never misused concession of bail/suspension of sentence - He is not involved in any other case - Appellant is 46 years of age and has two children and..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Dismissal of first appeal in four lines in general terms, cannot be dealt within this fashion - Impugned order set aside - Matter remitted for consideration afresh by High Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Petitioner is 73 years old person who is in custody since 27.11.2021 - Trial of case is likely to take time - Whether on allegations mentioned in FIR, S.306 IPC is attracted or not, is a matter of trial - Moreso, in view of pandemic situation and petitioner is..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix complaining of having been a victim of offence of rape is not an accomplice after the crime...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Prosecutrix has fully supported case of prosecution - She has been consistent right from very beginning - Nothing has been specifically pointed out why sole testimony of prosecutrix should not be believed - There is no doubt in credibility and trustworthiness of prosecutrix - Therefore, without any further..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Complainant who was pillion rider also suffered injuries, did not support prosecution case and resiled from his previous statement - Eye witness of case turned hostile - Other four eye witnesses of incident not examined and no explanation given for the same - Prosecution failed to prove its..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Deceased committed suicide due to extra marital relationship of wife - However, deceased seems to be too sensitive and possessive about his wife, he has many other avenues and alternatives to get rid off her instead of taking his own life by hanging - Charged..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Essential condition of an unlawful assembly is that its membership must be five or more - However, it may be not necessary that five or more persons necessarily be brought before Court and convicted...........
Indian Penal Code, 1860, Section 149, 325, 323, 148 -- Unlawful assembly - 17 out of 20 accused acquitted by trial Court - It was not the case of prosecution that there are other unnamed or unidentified persons other than one who are charge-sheeted and faced trial - Accused held, not liable to be convicted u/ss 323, 325 IPC with the aid of S.149 IPC...........
