Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 148, 149, 506, 324, 326, 201 -- Anticipatory bail - Murder case - Main accused already in custody - No direct role/injuries attributed to present petitioners - Petitioners who all are ladies are stated to be part of conspiracy and carrying danda and brick bats - At the initial stage..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment without any premeditation - Act committed in the heat of passion upon a sudden quarrel without having taken undue advantage or acting in a cruel or unusual manner - No enmity or motive of accused to commit the alleged crime - Weapon used was not lethal -..........
Indian Penal Code, 1860, Section 304B, 302 -- Dowry death - Deceased died within 7 years of her marriage by hanging - Evidence of family members of deceased does not prove that any demand of dowry was made by husband/accused soon before death of deceased - Even at the time of marriage of deceased, dowry articles were given at the wish of parents of deceased - Admitted fact..........
Indian Penal Code, 1860, Section 302, 341, 143, 147, 148, 149, 109, 120B -- Murder - Appeal against acquittal - Acquittal upheld viz. (i) Material alterations in testimonies of eye witnesses; (ii) attesting witnesses to the recovery of articles, like weapons, clothes, etc. turned hostile; (iii) Recovery of mobile phone is relied in evidence, however, no evidence was..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification parade (TIP) - First TIP conducted after about 1-1/2 months of incident - Second TIP was conducted after more than a year of incident - It is doubtful whether eye-witnesses could have remembered the faces of accused after such a long period - Though incident..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused chased the deceased and informant and to show his supremacy and power, opened fire causing gun shot chest injury to deceased resulting in his death - Intention could be gathered from the weapon used and part of body aimed for causing injury - Occurrence did not take place at the spur of moment..........
Indian Penal Code, 1860, Section 302 -- Murder of child by her step mother - Death caused due to poison - Bottle of poison recovered on a disclosure statement of accused that too from concealed place - Only inference can be drawn that a person who concealed the poison and administered the same in food given to child, is none other than accused - Even otherwise, there is..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Dying declaration - Evidence of PW7, who recorded the statement of deceased is trustworthy and accepted by Courts below, as deceased was found to be mentally fit to give his statement regarding occurrence - Dying declaration, held, reliable - Conviction of accused is not only based on dying declaration but on the u,..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7, 7A, Indian Penal Code, 1860, Section 302, 201, 498A -- Plea of juvenility - Offence u/ss 302, 201, 498-A IPC - Determination of age of juvenile - Age of person as mentioned in ration card has no legal sanctity, thus it cannot prevail over entry made in School register regarding age of person - Since..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Foundation of last seen theory is based on principles of probability and cause and connection - Where a fact has occurred with a series of acts, preceding or accompanying it, it can safely be presumed that fact was possible as a direct cause of preceding or accompanying acts,..........