Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 4, 25 -- Bail - Grant of - Murder - Injuries caused to deceased were caused by hard and blunt impact - One injury out of them was individually sufficient in ordinary course of nature to cause death - Other injuries collectively were likely to cause death in..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Allegation against husband and mother-in-law - Cause of death was due to ante-mortem injuries - However, PWs had no knowledge as to how, when and where deceased was killed and burnt - Entire investigation carried out by I.O was in a very cursory and shoddy manner - There was no recovery and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of post mortem report by no stretch of imagination can be made sole basis for conviction of accused in absence of legal proof against them...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Eye witnesses to the occurrence have resiled from their testimonies recorded before police during investigation u/s 161 Cr.P.C and have been declared hostile by prosecution - All the eye witnesses do not claim to have personally seen accused committing murder of deceased - No credible..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, Arms Act, 1959, Section 25(1B), 4 -- Murder - Accused nos. 1 to 4 gave fatal blows on chest and head of deceased - Deceased died as a result of injuries suffered on the head and in chest - None of other accused was stated to have given any blow to deceased - Accused nos. 1 to 4 were attributed clear and overt acts -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - High Court gave no reasons while granting bail to accused - There is only narration of facts in the said order - It is expected that at least some reason would be given by High Court while reversing the order of trial Court, which had rejected bail application by a reasoned..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Material witnesses have already been examined and remaining witnesses are either complainant or police officials and at present there does not seem to be any possibility of their being won over - Bail granted...........
Criminal Procedure Code, 1973, Section 188, 482, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Offence committed outside India - Rape - Petitioner was not Indian citizen at the time of commission of offence - His status as an Indian citizen terminated u/s 9 of Citizenship Act, as petitioner voluntarily acquired citizenship of Britain - If an offence is committed by a..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Husband pleaded that deceased committed suicide in her bedroom after bolting the door from inside and he was not present in the house at the time of occurrence - Plea of suicide appears to be ruled out in view of post mortem report, as medical evidence establishes beyond doubt that deceased was..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Plea of suicidal hanging - Non-examining of minor instead of adversely affecting the prosecution case creates a gaping hole in unfolding of defence case version of suicidal hanging...........
