Indian Penal Code, 1860, Section 302, 326, 324, 34 -- Murder - Prior enmity between parties - Accused gave blows with axe and knife to deceased, consequently he died - Testimony of injured witnesses who were with deceased on the day of incident is quite natural and trustworthy - Though incident happened in the night but there was source of light, as headlight of vehicle..........
Indian Penal Code, 1860, Section 354A, 341, 323, 324, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Outraging modesty of 15 years old girl - Prosecutrix was in semi unconscious state and her body was soiled with mud at the time of registration of FIR, as admitted by her - Doctor who examined prosecutrix stated that injuries found on body of..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Common intention - Accused was not attributed presence and participation in quarrel and scuffle between co-accused and deceased as per eye witness version - Even, it cannot be said with certainty that accused shared common intention with co-accused to commit murder of deceased or accused had done something `in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 341 -- Bail - Appeal against order granting bail - Offence u/ss 307, 324, 341 IPC - Bail granted to accused on the ground that is in custody for about 75 days without even considering materials on record which prima facie made out reasonable grounds to believe that accused had committed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 506, 120B -- Bail - Offence u/ss 307, 323, 324, 148, 149, 506, 120-B IPC - Accused kept on running away from law for a period of about 7 years after registration of FIR - However, accused remaining behind the bars for a period of 1-1/2 years after his arrest - PWs yet to..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Custodial death - Weapon of offence - Wooden lathi and batten are weapons which are usely possessed by police - Submission cannot be accepted that injuries cannot be caused by wooden lathi and batten, which may cause death, as it depends on manner of use of wooden lathi and batten...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Custodial death - Weapon of offence not shown to PW1 during trial for identification - Wooden lathi and batten are weapons of police force and injuries being caused to deceased by these weapons, found by both trial Court and High Court - Non-showing to PW1 the same, cannot impeach credibility of evidence of PW1..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Custodial death - Offence u/s 324 IPC can be compounded only with permission of Court...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Offence compoundable with permission of Court - Guiding factors - Nature of offence, and its affect on society are relevant considerations while granting leave by Court of compounding the offence - Offences which affect public in general and create fear in public in..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Custodial death - Compensation - Offence committed by accused is a crime not against deceased alone but was against humanity and clear violations of rights guaranteed u/art 21 of Constitution - High Court awarded compensation of Rs.3 lakhs, which is not adequate - Compensation enhanced to Rs.3.5 lakhs each to..........
