Indian Penal Code, 1860, Section 302, 148, 201, 120B -- Murder - Non-mentioning of name of eye witness in the inquest report - Is of no consequence as inquest report relates to cause of death and not witnesses account of incident...........
Indian Penal Code, 1860, Section 302, 148, 201, 120B -- Murder - Testimony of eye witnesses - Informant not named PW1 in the complaint - Such omission is not fatal in the face of otherwise cogent and convincing evidence of PW1 corroborated by other eye witness - More so, another three eye witnesses did not support prosecution case but that does not affect the statements of..........
Indian Penal Code, 1860, Section 302, 148, 201, 120B -- Murder - Distance and brightness of place of incident - PW1 witnessed the incident at night from a distance of about 100 feet - Place of incident was illuminated by electric lights all around and there was sufficient light to see the assailants - It is therefore possible for PW1 to see the assailants at a distance of..........
Indian Penal Code, 1860, Section 302, 148, 201, 120B -- Murder - Weapon of offence - PW1 stated that she saw accused attacking deceased and it cannot be technically taken be stabbing or slicing - However, post mortem report of deceased states that most of wounds are deep cut wounds but same can be caused by a knife as stated by PW1 in her testimony - To this extent..........
Indian Penal Code, 1860, Section 302, 148, 201, 120B -- Murder - Merely because strands of hair in the hand of deceased did not match with any of accused except A13 who was already acquitted, does not hold much ground as it by itself cannot exonerate the accused only because the samples do not match...........
Indian Penal Code, 1860, Section 302, 148, 201, 120B -- Murder - Criminal conspiracy - Conspiracy is always hatched in secrecy and it is very difficult to gather direct evidence for proof of the same - However, conspiracy between A1 to A6 proved beyond reasonable doubt - Murder of deceased also proved by aid of eye witnesses - Conviction of A1 to A6 is based on proper..........
Indian Penal Code, 1860, Section 302, 147, 109 -- Murder - A7 is already acquitted from the charges of conspiracy with second group A8 to A13 - He thus cannot be linked at all with common object of A1 to A6 who had hatched a separate conspiracy - Moreover, eye witness PW65 did not identify A7 or any accused in Court - When offence u/s 147 IPC is not proved against A7, he..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 307, 302 -- Anticipatory bail - Offence u/ss 498-A, 307, 302, 34 IPC - Direct allegations against petitioner/sister-i, law of deceased that she pushed the deceased inside the kitchen and thereafter in furtherance of common intention with co-accused sprinkled kerosene oil upon her body and..........
Indian Penal Code, 1860, Section 302, 120B, 34 -- Offence u/ss 302, 120-B, 34 IPC - Order taking cognizance - Quashing of order - High Court committed error by quashing the order without appreciating the material placed before it in correct perspective - High Court ignored certain important facts while quashing the order taking cognizance - More so, High Court failed to..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No prior enmity between parties - Only one assault made on head of deceased with Tabbal, a sharp cutting weapon, which shows that accused and co-accused intended to cause very injuries that they caused to deceased - Eye witnesses account and medical evidence supported prosecution case - Even if..........
