State.
Heard. Case diary perused.
This is repeat (second) application under Section 439 , Cr.P.C
for grant of bail in connection with Crime ... respondent/State.
Heard. Case diary perused.
This is first application under Section 439 , Cr.P.C for grant
of bail in connection with Crime
original Accused for the offences under Sections
307 , 294 read with Section 34 of the IPC. That the said
complaint was registered ... that as per
Section 20 of the Cr.PC offences under Sections 307 , 294 read
with Section 34 of the IPC
under Sections 279 and 304-A of the Indian Penal Code,
1860, and Section 187 of the Motor Vehicles Act, 1988, was registered ... IPC to under Sections
302 , and 201 read with Section 34 of IPC.
12. As evident from the arrest
under
Sections 450, 302 and 302/34 and against the Petitioner
No. 2, charge under Sections 450 , 302 and 302 / 34 of IPC ... into his house and therefore,
has committed an offence under Section 450 of IPC. The
second charge that has been framed against
that the Petitioner No. 1 was already in jailfor
offence under Section 302 of I.P.C. and the detention order has been passed
without ... Petitioner No. 1 on bail in respect of the offence of Section 302 ,
IPC and other connected offences for which
dehati
nalishi or case diary statement under Section 161 Cr.P.C., or 164 Cr.P.C .
statement of any of the prosecution witnesses ... case diary statement under Section 161 Cr.P.C. or statement under
Section 164 Cr.P.C. given before the Magistrate. Gopi (PW36) and Prem
Nations and in the
context of Section 354(3) of Cr.P.C. has observed that
the Penal Code described death penalty as an
alternative ... aggravating circumstances reported after
considering the Penal Statute of USA, Fur-man,
Georgia and the Indian Penal Code Amended Bill 1978,
similarly the mitigating
under Sections 307 / 344 / 365 / 366 / 376 / 34 of the
Indian Penal Code (hereinafter referred as ' IPC ').
2. Brief ... registered under
Section 307 / 363 / 34 of the Indian Penal Code. On the
same day, accused Mukesh Mishra was arrested vide
arrest memo
Part II IPC and not one under Section 302 IPC. Accordingly,
we deem it proper to allow these appeals ... conviction of
appellants from that under Section 302 to that under Section 304 Part II IPC r/w
Section 149 and their
under Section 409 and 420 and
Chapter XVIII of the Indian Penal Code, 1860 (XLV of
1860) when they are committed, attempted or abetted ... under Section 409 and 420 and
Chapter XVIII of the Indian Penal Code, 1860
(No.XLV of 1860) when they are committed,
attempted
