Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - High Court while granting bail to accused has not at all considered seriousness and gravity of offence alleged against accused - Even, High Court has not considered relevant material forming charge sheet - More so, High Court while considering parity has not at all..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of stolen gold material and weapon of offence - Gold which was recovered has not been identified as one which was stolen from house of deceased - Recovery of knife was also doubtful, as recovery effected after 4-1/2 months with no explanation for such delayed recovery - Independent..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused belong to gang which commits crime of similar nature - Accused are involved in 20-25 similar cases - However, no documents or any proof was submitted regarding same - Said factor therefore, cannot be taken into account - Since offence in question is otherwise not proved against accused,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 352, 149, 147, 148, 504, 34 -- Bail - Double murder as a result of fire arm injury - Role of first respondent emerged during course of investigation, followed by filing of charge sheet - First respondent on being granted bail failed to co-operate in the expeditious disposal of trial..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Non-examination of person who first informed about location of dead body by way of his information and even if mahazar as such does not show seal of jurisdictional Court in State, these factors remain trivial in nature and do not take away substance of matter...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Accused had the connectivity with deceased on his mobile at the material time on material date - Deceased was found in company of accused in same car by PW5 and PW6 - Driving license of accused was found near dead body of deceased - Dead body of deceased was identified by PW10 and accused having been found dealing with..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Triple murder case - Burden of proof - Facts within special knowledge of appellant were required to be clarified by them - Onus that shifted to appellant u/s 106 Evidence Act not discharged - No error in judgment of conviction...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - No evidence on record that accused and deceased were last seen together - There is also no evidence what happened after deceased went to room and had gone to sleep - Prosecution failed to prove guilt and complete chain of events which may lead to only conclusion that accused alone committed murder..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Gravity and seriousness of offence is a relevant consideration for purpose of grant of bail - However, while granting bail to accused, High Court has not discussed the role attributed to accused and his overt act in commission of offence - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
