Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred admittedly during night time - It is the deceased who went nearer and accused were not stationing themselves waiting for his arrival - Eye witness/PW6 improved his case on many occasions - Testimony given by PW6 on dying declaration, a case inserted by him in his supplementary..........
Indian Penal Code, 1860, Section 34 -- Common intention - Incident occurred admittedly during night time - No evidence on record that A-3 and A-4 were aware of fact that A-1 was having a gun with him - Evidence of eye witness/PW13 who spoke about common intention on the part of accused on previous night to do away with deceased, did not find favour with Courts - Evidence..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Victim declared hostile - Accused is in custody since 2015 - No report from jail that accused has in any way been unruly and he is not entitled for remission on basis of his good behaviour - Conviction upheld - However, sentence of rape..........
Indian Penal Code, 1860, Section 500 -- Defamatory words used against an association - In order to constitute an imputation concerning an association or collection of persons as such, there must be some definite body of persons, capable of being identified and to the whole of whom, it can be asserted that the defamatory matter applies...........
Indian Penal Code, 1860, Section 500 -- Defamatory words used against an association - Association when determinate and an identifiable body, defamatory words used against that association could be treated as defamation of the individuals who compose it - Any member of that association can maintain a complaint u/s 500 IPC...........
Indian Penal Code, 1860, Section 500 -- Defamatory words used against RSS - RSS is a definite and identifiable body - RSS has locus standi to maintain a complaint u/s 500 IPC...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 511, 506 -- Quashing of FIR - Offence u/ss 384, 511, 506 - No overt act alleged in FIR and it has only been vaguely stated that accused is threatening to implicate complainant in a false rape case - Provision of S.506 IPC not attracted - Even with respect to offence of extortion/attempt to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Second bail application - Murder - Dead body of deceased found at his house which apparently bore injuries - Accused is behind the bars for more than 2-1/2 years and trial yet to be accomplished - Moreover, in view of the fact that case is more on suspicion than any ocular evidence in which..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Petitioner directed to appear before I.O by granting interim bail - He having joined the investigation - Order granting interim bail to petitioner made absolute...........
Indian Penal Code, 1860, Section 302, 34, 120B, 504, Explosive Substances Act, 1908, Section 3, 4 -- Double murder case - Bomb blast - Informant of case not supported case of prosecution - I.O also corroborated the fact that informant had not stated anything about bombs being thrown by accused - Two of the accused erroneously convicted and sentenced with death penalty and..........
