Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
Indian Penal Code, 1860, Section 302, 324, 148, 149 -- Murder - Testimony of eye witness - PW-1/eye witness embellished her narration of how the attack occurred resulting in a lot of inconsistencies - Contradictions in her story would raise reasonable doubt, as her statement in her deposition that she was attacked after the attack on the deceased was made to buttress her..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 333, 353, 504, 506, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Murder - Applicant is in jail since last 4 years - Serious allegations were made against applicant - Being a police officer he has misused the trust which has led to death of his colleagues - Trial is..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession made by accused before Panchayat leading to recovery of dead body from remote forest area can be acted upon and made basis for conviction of accused - Place of recovery deep inside the forest and knowledge of it to accused raises a presumption u/s 106..........
Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
Indian Penal Code, 1860, Section 498A -- Cruelty - When marriage between accused and victim was a nullity, provision of S.498-A IPC would not be attracted...........
Indian Penal Code, 1860, Section 498A -- Proceedings u/s 498-A IPC - At the instance of second wife is not maintainable...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim was recovered by police from the house of accused as per PW1 and PW2 - However, I.O. stated that victim was recovered near Railway station - No plausible explanation given for inordinate delay either in FIR or in evidence of witnesses - Main witness who is brother of victim was not examined during..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Dying declaration - All the witnesses have clearly stated that deceased after coming out from the room in flames has shouted that accused had committed the crime - DW1 who was examined on behalf of defence also..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Death sentence - Conduct of accused in the prison has been found to be satisfactory - Accused was brought up by his father as a single parent, as he lost his mother at the tender age of 8 years and his elder..........
