Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Offence u/ss 420, 467, 468 & 471 IPC - Accused already suffered incarceration for a period of 02 years, 02 months and 21 days - Out of total 11 prosecution witnesses, none has been examined so far - Conclusion of trial will take long time - Denial of bail on ground of..........
Indian Penal Code, 1860, Section 363, 364A -- Kidnapping of 8 years old boy - Victim kidnapped from lawful guardianship of PW1 and PW3 - On the main incident, version of victim/child has not been shaken in cross-examination - PW1 and PW2 proved that they received a call from someone demanding ransom and person threatened to kill their son in case ransom is not paid -..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - When there is direct eye witness account which is found to be credible, omission to obtain ballistic report and non-examination of ballistic expert may not be fatal to prosecution case - However, if evidence tendered including that of eyewitnesses do not inspire confidence or suffer from glaring inconsistencies..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - Evidence tendered by eye witnesses suffered from serious lacunae - Their evidence cannot be said to be credible - There are glaring inconsistencies in the prosecution version which have been magnified by absence of testimony of material witnesses and ballistic report coupled with the non-recovery of weapon of crime..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Accused confessed the murder of deceased before PW1, his mother and wife and throwing body of deceased in the well - However, mother and wife of PW1 were never examined as witnesses by prosecution - Confession was followed by two things arrest of..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused - Prime witness for proving the disclosure statement is PW1, whose testimony has failed to inspire confidence of Court in the light of contradictions, multiplicity of versions and material improvements - Other witness..........
Indian Penal Code, 1860, Section 302 -- Murder of father-in-law by son-in-law - Weapons were not sent for chemical analysis - When motive of crime, presence of accused at the time of occurrence, his fleeing away from the house of deceased and recovery of weapon or knife have been established, mere fact that weapons were not sent for chemical analysis does not affect its..........
Indian Penal Code, 1860, Section 302 -- Murder of father-in-law by son-in-law - Occurrence took place when deceased was alone at home - Motive for occurrence has been spoken by PW1 which was corroborated by PW2 - Defence has not disputed the motive aspect spoken to by PW1 and PW2 - Evidence of doctor coupled with post mortem certificate, established that deceased died due..........
Indian Penal Code, 1860, Section 307, 323, 34, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 307, 323, 34 IPC - Benefit of probation - Sentence of accused was suspended and they were released on bail - After release on bail accused are living in the society peacefully without there being any criminal antecedents to their discredit - Benefit of probation..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused had by their act and consecutive course of conduct, constituted such circumstances that deceased was left with no other option except to commit suicide - On the grounds of these repeated ferocious acts of accused, an instigation may have to be inferred by trial Court while framing charge u/s 306 IPC -..........
