Indian Penal Code,1860  - Section 147 , Section 148 , Section 149 , Section 302 , Section 307 , Section 324

Charge sheeted - Acquittal by trial court - Four accused Convicted by high court u/s-320/34 - State Appeal allowed - Acquittal maintained against-3 accused - Appeal - Evidence considered at large-Non examination of bus crew-not fatal -Prosecution story. F.I.R delay - Conditions considered - Injured having 58 injuries - All cut and incised - Taken to various hospital - Delay explained. Independent witness - An auto rickshaw driver-his evidence cannot be discarded - High court fully justified - Appeal dismissed.

Found In:  Judgement

Unlawful Activities (Prevention) Act, 1967  - Section 43

Applicability of - Seven assailants assaulted Prof. T.J. Jacob and chopped off his right palm - Role attributed to respondent that he treated one injured assailant by stitching his wound on the back after applying local anesthesia - Role of the respondent at a place 45 kms. away from the place of the incident - Bail granted to respondent - Appeal against - No allegation that respondent was one of the assailants - No prima facie proof that respondent involved in the crime - No violation of sec. 43D(5) of the Act of 1967 - Supreme Court opining that even a dentist can apply stitches in an emergency - Only offence that can be levelled prima facie against the respondent is to omit to give information of the crime to the police - No reason to deny bail to the respondent - Appeal dismissed.

Found In:  Judgement