Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Criminal conspiracy - Parties entered into compromise - Trial Court allowed parties to compound offence punishable u/ss 420, 419, 406 IPC but offence u/s 120-B IPC was not attested, as no compromise was filed before it, though offence is compoundable..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Simply because some of the co-accused are required to be arrested is no ground to deny the concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Guilt of accused can only be determined during trial - Even though challan has been filed but conclusion of trial is likely to take some time - Moreover, accused persons are behind bars for more than 4 months and their further..........
Indian Penal Code, 1860, Section 307, 452, 34 -- Attempt to murder - Material contradiction is on record as to who opened fire - Testimony of PWs is vacillating on this point and is not certain - Injured though a literate man has not identified the weapon used by accused - Specific identification of weapon of offence has not come out establishing its nature and..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Blood stained clothes of accused - Accused arrested on same day of incident wearing blood stained clothes - Blood stains found on clothes of deceased and that of accused were matched - Accused failed to explain the same - Prosecution duly proved the complete chain of circumstances..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Property dispute between parties - Dead bodies were found having incised wounds on vital body parts which were sufficient in ordinary course of nature to cause death - Motive of crime proved on record - Blood stained apparels of accused were seized and sealed at the spot and blood stains..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489B, 489C, 34 -- Bail - Counterfeit currency notes - Accused has no criminal antecedents and he is otherwise an Indian citizen - Question whether accused did have knowledge that notes could be counterfeit or otherwise would be borne out during course of trial, which fact cannot be deduced at this..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Reduction of sentence - Incident occurred in 1990 - Accused has undergone a period of 4 days in custody of total 4 months and also suffered agony and trauma of protected trial for last 30 years - Offence awarded under the alleged offences reduced to period already undergone by him - However,..........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge - Charge u/ss 406, 420 IPC - Accused allegedly raised demand of Rs.5 lakhs for securing doctor's job for complainant's daughter in UK - Complainant borrowed such amount from PW5 and paid it to accused in presence of PW5 and PW6 - Without pronouncing on probative value of such evidence, there exists sufficient..........
