Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Testimony of eye witness - Accused assaulted deceased with iron pipes, sticks and iron rods - PW2 accompanying deceased on motorcycle - He ran away from the place of incident and returned with his friends - Credibility of PW2 as an eye witness not doubtful - PW10 an independent witness corroborated PW2 in all..........
Indian Penal Code, 1860, Section 302 -- Murder - Incident occurred in presence of two eye witnesses who were acquainted with both the accused - I.O has objectively determined spot by preparing spot map - Chemical examination report shows that grass leaves, straw, Bamboo Kani, torn cloth seized from spot were stained with human blood - This aspect in fact corroborates..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Bail during pendency of appeal - Cancellation of - Accused was involved in an offence u/s 302 IPC during period when his sentence was suspended - Despite the order u/s 319 Cr.P.C, accused evaded his arrest in contravention of warrant of arrest which was issued by ASJ - Criminal antecedents..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Allegation that accused threw stone twice on deceased and caused injuries on her head on account of which she died - However, accused was not carrying stone used in the offence with an intention of throwing at deceased during course of journey, as he picked up stone immediately before the incident -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 452, 120B -- Cancellation of bail - Murder - Prima facie material against accused is on record - Mere examination of wife of deceased cannot be considered as a change in circumstance for High Court to consider fourth bail application of accused and enlarged him on bail - Bail granted to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - For convicting an accused recovery of weapon used in commission of offence is not a sine quo non...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Gunshot injury - Ballistic report - Merely because ballistic report shows that bullet recovered does not match with gun recovered, it is not possible to reject credible and reliable deposition of eye witnesses who witnessed the shooting, particularly when it is corroborated by bullet found in the body of deceased...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Incident occurred when deceased and PW1 returned from Court - PW2 was also required to attend the Court and therefore reached the Court as such he saw incident - Place of incident has been established and proved by prosecution - Even the presence of PW1 and PW2 at the time of incident is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Defence of A-2 and A-3 is that they caused injuries to deceased after he received gun shot from A-1, thus they cannot be convicted u/s 302 IPC - However, A-2 and A-3 are convicted with the aid of S.34 IPC - Moreover, there is no evidence on record that deceased sustained injures by knives by A-2 and A-3, at that time he..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witnesses categorically stated that A-2 and A-3 inflicted blows by knives - Same is supported by medical evidence and deposition of PW2 - Mere fact that doctor stated that it is very doubtful that injuries sustained by deceased by sharp cutting weapon on both sides, it cannot be stated that no injuries were inflicted..........
