Criminal Procedure Code, 1973, Section 100(4), Indian Penal Code, 1860, Section 302, 392, 420, 201, 34 -- Recovery of jeep - Non-following of provision of S.100(4) Cr.P.C - Murder case - I.O received a secret information that one jeep is lying in abandoned condition - He recovered the jeep but I.O did not comply with provisions of S.100(4) Cr.P.C - Non-following of..........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of knife and rope - Recovery effected on disclosure statement of accused - PW4 and PW5 categorically stated in their deposition that recovery effected with the help of sniffer dogs - However, said fact is neither mentioned in FIR nor I.O in..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Last seen evidence - PWs 3 and 10 stated that they had seen victim enter house of accused, as house of PW3 is near to house of accused - However, evidence of PW6 and PW9 speak otherwise and stated that one cannot see house of accused from that of PW3 - But, PW6 and PW9 declared hostile - These witnesses thus, not..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Testimony of PW5 - Post occurrence disclosure by PW5 regarding role of accused in hiding dead body at his residence not corroborated by any evidence on record - 2/3 days after registration of FIR, PW5 appears to have disclosed such fact to police - Evidence of PW5 is woefully vague and his conduct is so unnatural that..........
Criminal Procedure Code, 1973, Section 173, Indian Penal Code, 1860, Section 302 -- Closure report - Murder - Investigation of case remained inconclusive for nearly three long years with investigating agency - It is only when SC ordered that investigation be concluded within 2 months, that suddenly very lengthy investigation closure report is filed - Closure report is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Claim of bail on parity with co-accused - Murder - Co-accused was granted bail for different reasons which are not applicable in case of accused - Moreover, co-accused is a woman and not involved in any other case prior to present case - Petitioner on the other hand is involved..........
Indian Penal Code, 1860, Section 302 -- Murder - Whenever death occurs on account of a single blow, it cannot be laid down as a rule of universal application that S.302 IPC is ruled out...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle in a beer party - In that scuffle accused took out the knife and stabbed deceased from behind - As per Exception IV to S.300 IPC, culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Default bail - Attempt to murder - Charge sheet not filed within 90 days as stipulated - Provision u/s 167(2) Cr.P.C comes into play - Accused entitled to grant of compulsive/default bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - Applicants not named in FIR - He has clean antecedents - Applicant is in jail since 12.3.2020 - They are ready to cooperate with process of law and shall faithfully make themselves available before Court whenever required - There is no likelihood of early conclusion of..........
