Indian Penal Code, 1860, Section 302 -- Murder - Specific evidence of recovery of a knife at the instance of A-4 is on record, which is capable of causing stab injuries mentioned in post-mortem report as one of causes of death of deceased - Guilt of A-4 established on record - A-4 rightly convicted...........
Indian Penal Code, 1860, Section 302 -- Murder - Order framing charge - Dead body of deceased recovered from well - No marks of injury were noticeable on body of deceased - No suspicion cast by any witness examined during inquest proceedings regarding death of deceased - No motive attributed to accused to commit crime - So called extra judicial confession appears to be..........
Indian Penal Code, 1860, Section 147, 148, 447, 323, 324, 302, 307, 149 -- Murder - Conviction - Appreciation of evidence - Quarrel over harvesting millet crop - Sudden fight - No common object of unlawful assembly - Eye-witnesses failed to establish as to how many injuries were received by deceased and with what weapon - Death due to coma, as a result of head injury,..........
Indian Penal Code, 1860, Section 302, 143, 144, 147, 148, 34, Arms Act, 1959, Section 4, 25, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased gave statement to police, but said statement is not part of prosecution evidence - Names of A-2 and A-3 not stated in said statement - PW2 in supplementary statement stated names of A-2 and A-3, but he has not..........
Indian Penal Code, 1860, Section 302, 143, 144, 147, 148, 34, Arms Act, 1959, Section 4, 25 -- Murder - PW2 stated that injuries sustained by him was given by sharp weapon - A-1 caught red handed with chopper which is corroborated with evidence of PW2, PW1, panch witness of arrest, seizure of weapons and clothes and also in terms of expert evidence - Cause of death was..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Causing multiple injuries without any provocation - Assault on head of deceased was so brutal that it resulted in fracture of underlying skull bone - Accused brutally assaulted deceased - It cannot be said that offence committed is `culpable homicide not amounting to murder' - It is a case of brutal murder...........
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34 -- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Aggressor party - When injured/PW1 went to house of one person to invite him for sixth day birth of child, accused were present in front of their houses and they challenged PW1 - PW1 was not armed and only accused were stated to be armed with battle axe and sticks - Accused were aggressors not..........
Indian Penal Code, 1860, Section 302 -- Murder - Use of weapon such as knife, not a decisive factor to attract S.302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Number of wounds caused is not by itself a decisive factor to attract S.302 IPC...........
