Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - Summoning only on the basis of statement of PW1 and PW3 without considering other circumstances and material available collected by I.O. - Court also not identified parentage of petitioner - Summoning order set aside - matter remitted for decision..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fact that offending vehicle struck standing vehicles is itself sufficient to establish rashness and negligence - Death of two persons caused on account of such rash and negligent driving of accused and he has been duly and properly identified by witnesses - Accused rightly convicted...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Death of two persons - Accused was duly identified by complainant at the spot when he fled away leaving damaged offending vehicle - Owner of offending vehicle stated in his statement recorded u/s 161 Cr.P.C that accused was driver of offending vehicle though he resiled from his statement while..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Reduction of sentence - It is a case of two deaths and benefit of reduced sentence has already been accorded to accused - Reduction of sentence not warranted...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused confessed the crime before his wife - Conduct of accused in confessing the crime and requiring her wife to inform the villagers and relatives and accused himself immediately surrendered to police were duly corroborated by PWs - Evidence adduced unmistakably points arrow of guilt at accused - Weapon of offence..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 408, 120B -- Quashing of proceedings - Offence u/ss 408, 120-B IPC - Arrest of accused from place `P' stands duly established on basis of general diaries recorded at place `P' as also at place `L' - Even, stand of petitioners that they had accompanied the police at place `L' to effect arrest of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 506, 148, 149, 302, 201, 323 -- Interim medical bail - Offence u/ss 307, 326, 452, 506, 148, 149, 302, 201, 323 IPC - As per medical advice, petitioner is still required to undergo complete bed rest, it shall be open for him to file an application by annexing all medical records in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 506, 34 -- Bail - Attempt to murder - Accused were arrested on 26.03.2022 in connection with crime and since then they have been in judicial custody - Injured was also discharged from hospital - Nine material witnesses also examined in the case - There is considerable progress in the..........
Indian Penal Code, 1860, Section 302 -- Murder - Accidental or homicidal - Signs of skidding of motorcycle on the grass - There are signs which show that a vehicle had dashed against the wall - All this would be indicative of the fact that in all probabilities, it was an accidental death...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 406, 409, 420, 34 -- Default bail - Charge sheet not filed within 60 days - Right accrued for default bail cannot be defeated by mere invocation of S.409 IPC claiming that period of completion of investigation and filing of charge sheet is 90 days - Bail granted...........
