Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Complainant alleged illicit relations of deceased and accused and when husband of accused suspected about their relation he murdered his son/deceased - However, during inquest proceedings no such allegation was made by the complainant - Even, FIR was got recorded after..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Circumstantial evidence - Available evidence is wholly inconclusive in nature and does not give rise to a definite inference of guilt against accused and at least a prima facie case of bail is made out - Several other submissions in order to demonstrate falsity of..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Double murder case - Non-applicability of S.149 IPC is no bar in convicting accused u/s 302 IPC r/w S.34 IPC provided there is evidence which discloses commission of offence in furtherance of common intention...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Common intention - Presence of accused at the time of occurrence with sharp edged weapon not disputed - Both A-1 and A-3 shared common intention with A-2 by causing bodily injuries to deceased which were sufficient in ordinary course of nature to cause death of deceased persons - S.34 IPC therefore clearly..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Name of accused missing both in Dehati Nalishi (FIR) as well as in statement of eye witness recorded u/s 161 Cr.P.C - No explanation given for the same - Eye witness not identified accused in the Court, as he stated that when deceased was being attacked he told him to go to his house and inform that accused are..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused and deceased - Accused dragged deceased from verandah to village road and under a jack fruit tree he again picked up quarrel with deceased - When others started to disengage them from further quarrel, accused became aggressive and gave a blow by means of a wooden stick on the..........
Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession made by accused before PW4 - Post mortem report suggests that death of deceased was not suicidal as alleged by accused, but rather she was hanged after she had lost consciousness - Factum of commission of death by hanging corroborated by Panhchayatnama which notes that deceased was hanging from roof..........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Accused committed the act on spur of moment in a petty quarrel with his wife/deceased - He did not have requisite mens rea to commit offence of murder - Motive of crime not proved on record - But as he is a grown up man, he knew his actions of pressing neck would cause such bodily injury which may lead to death of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - All the four PWs of extra judicial confession are at a wide variance with each other - Further contradictions between two police officers who themselves are not in agreement with each other as to where they have seen accused standing holding axe - Accused cannot be..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3 -- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
