Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 157 -- Murder - Delay of two days in sending express report to Magistrate - No adverse affect on prosecution...........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302 -- Murder - Delay in sending report to Magistrate - Where FIR was actually recorded without delay and investigation started on basis of that FIR and there is no other infirmity brought to notice of Court then, however improper or objectionable delay in receipt of report by Magistrate concerned..........
Criminal Procedure Code, 1973, Section 320, 482, 307, 324 - - Compounding of offence - Attempt to murder - Fatal attack with knife in stomach - Recovery of deadly weapons from petitioners points towards their involvement in anti social activities - It is not a case of an attack done in self defence or in heat of moment - Held, compounding of offences cannot be allowed -..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - Young daughter of PW4 and PW9 had died allegedly by consuming poison - No other details were brought to their notice, they had other daughters present in the house and the dead body of deceased was cremated against their wish - After the cremation, FIR was..........
Criminal Procedure Code, 1973, Section 389,439, Indian Penal Code, 1860, Section 302 -- Murder - Appeal against conviction - Suspension of sentence - Petitioner, 78 years old, undergoing life imprisonment - He has been in jail for past 6 years - Held, fit case for suspension during pendency of appeal - Sentence suspended...........
Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 203, 482 -- Murder - Complaint - Summary dismissal - Validity - Specific case of complainant that deceased was pushed by "Lathi" by accused persons - Only on the ground of non availability of any external injury on the person of deceased, Magistrate summarily rejected complaint petition -..........
Indian Penal Code, 1860, Section 147,148,302,149,34,307, Criminal Procedure Code, 1973, Section 437 -- Unlawful assembly and murder - Bail - Daylight double murder - Deceased were unarmed - Pre arranged plan - All accused were wielding firearms weapons with intention to commit murder of both deceased - Injuries inflicted on vital parts of body - Prompt lodging of FIR -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Second bail application - Attempt to murder - Petitioner caused stabbed wound in the abdomen and left shoulder of complainant's brother with intent to cause death - No X-ray report on record to show that injuries are of grievous nature - Accused not arrested on the spot - Weapon used not..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302 -- Murder - Prayer for leave to appeal - Refusal to - Entire case of prosecution rests on alleged ocular witnesses who are brother and son of deceased - Son of deceased participated in inquest proceedings but he never whispered about his role as ocular witness - Recovery of weapons did not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 328, 201 -- Grant of bail - Murder - Petitioner refused to get married to deceased - He committed suicide - No evidence on record that petitioner committed murder of deceased - On body of deceased, only one injury measuring 1 cm x 1 cm at the top of mid of occipital bone was found - Mobile..........
