Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail in a murder case - FIR against petitioner and his brother - Deceased died of Danda blow which was attributed to brother of petitioner - Custody of petitioner not required - Concession of pre-arrest bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Clothes of deceased allegedly identified by his wife but no judicial TIP of clothes was conducted - Scooty of deceased recovered from parking of Metro Station Janak Puri at instance of accused `M' - There is also a contradiction about place of murder - Held, accused entitled to be released on bail...........
Indian Penal Code, 1860, Section 299, 300 -- Murder and culpable homicide not amounting to murder - Distinction - The safest way of approach to the interpretation and application of these provisions seems to be to keep in focus the keywords used in the various clauses of the two provisions...........
Indian Penal Code, 1860, Section 302 -- Murder - Even if the intention of accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder...........
Indian Penal Code, 1860, Section 302,96,99 -- Murder - Injuries on accused - Non-explanation - Effect - Appellants alleged to have assaulted deceased by means of crow bar and stick - Large number of eyewitnesses also suffered injuries - Version of prosecution witnesses is clear, cogent and credible - Injuries on person of accused - Prosecution not explained injuries -..........
Indian Penal Code, 1860, Section 302 -- Murder in a bus with knife blow - Besides accused and victim there was a girl in the bus and driver and conductor - Accused captured in the bus and knife recovered - There were blood stains on shirt of accused - No delay in lodging FIR - Brother of deceased turned hostile on point of motive but it did not affect testimony of eye..........
Criminal Procedure Code, 1973, Section 437, 439 -- Interim bail pending hearing of a regular bail application - Can be granted except in the following circumstances - (i) In a case of grave offence like murder, dacoity, robbery, rape etc. ; (ii) The case involves an offence under the U.P.Gangsters Act and in similar statutory provisions; (iii) The accused is likely to..........
Indian Penal Code, 1860, Section 304B -- Culpable homicide not amounting to murder - Grave and sudden provocation - Murder of jethani by inflicting injuries on her body with ghotna (a hard wooden piece) - Accused saw jethani sitting in the lap of her husband and they were kissing each other - Accused lost her self control - Under grave and sudden provocation she hit the..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that deceased went to the village of his wife to fetch her but never returned - FIR lodged after one year four months and 21 days from the day the deceased went missing against the in-laws of the deceased on the basis of suspicion - Delay not explained - Extra judicial confession allegedly suffered by the accused..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common Intention - There is no evidence available on record that appellants No.2 and 3 had any pre-meditation, pre-meeting of mind and pre-plan with appellant No.1 to commit culpable homicide not amounting to murder - Their overt act is also not corroborated by medical evidence - Held, they deserve acquittal, hence..........
