Indian Penal Code, 1860, Section 302, 460 -- Murder - Major contradictions in statements of PWs - Prosecution strongly relied upon testimony of two child witnesses, which do not inspire confidence - Incident occurred on the terrace and it is quite surprising that no one interfered or came to place of occurrence until morning - Information regarding incident occurred at 2..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Double murder case - Circumstantial evidence - Confession - A-1 confessed to police regarding murder of two deceased and also led to police party to place where dead bodies of deceased were dumped - Identity of dead bodies not disputed - Medical evidence supported the ocular evidence - Merely..........
Evidence Act, 1872, Section 30, Indian Penal Code, 1860, Section 302 -- Confession of co-accused - Double murder case - No substantial evidence on record to prove involvement of A-2 and A-3 in crime - A-2 and A-3 cannot be convicted solely on the basis of confession of co-accused - A-2 and A-3 acquitted...........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - A-2 and A-3 had knowledge that deceased were murdered by A-1 and their dead bodies were dumped in septic tank in backyard of their house - They did not disclose said fact with intention to screen A-1 from legal punishment - Even though they cannot be made liable for murder of deceased for want of legal evidence,..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR -..........
Evidence Act, 1872, Section 3 -- Testimony of Injured eye witness - Offence u/s 304 Part-I IPC - Injured eye witness/PW6 deposed about quarrel between accused and deceased - When PW6 tried to rescue deceased, he also sustained injuries on his right hand - PW6 injured in occurrence supported by medical evidence - Evidence of PW6 being injured eye witness stands on higher..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred in sudden fight between deceased and accused party after wordy quarrel - Accused inflicted farsi blow on the head of deceased - There was no premeditation - Only one injury caused to deceased, which indicates that accused has not taken any undue advantage of deceased - Manner of occurrence..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Finding of High Court based on appreciation of evidence that it was accused alone and no one else who fired a bullet from his revolver within a short range to deceased which caused his death immediately after the incident - Prosecution thus, able to prove its case beyond..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Sentence - Accused has undergone more than 14 years of jail sentence and he is still in Jail undergoing his sentence - He is thus, eligible for his release by State in terms of Rules in accordance with law depending upon a case made out by him - Liberty granted to accused to..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 34 -- Test Identification Parade (TIP) - Murder - TIP of accused conducted after 5 days from the incident - No explanation given for such delay - A-3 not identified during TIP - However, A-3 was identified in Court - This itself raises doubt about genuineness of TIP proceedings as well as dock..........
