Indian Penal Code, 1860, Section 302, 394, 34-- Murder - Robbery - Accused along with two co-accused fired on deceased and witnesses and took away their bicycle and cash - It was too much a coincident that accused who was resident of another village could have been identified by witnesses - There was hardly any reason for witnesses to have..........
Indian Penal Code, 1860, Section 302, 394, 34-- Murder - Robbery - Circumstantial evidence - Recovery of ornaments - There is contradiction regarding recovery of silver anklets, which belies version of prosecution that silver anklets were recovered at the instance of accused - Disclosure statement made by accused and statement of PW2 make..........
Indian Penal Code, 1860, Section 302, 324, 394, 34-- Murder - Accused persons being patients of deceased and familiar to him fired upon deceased which was witnessed by his wife - Wife of deceased fainted on receiving injury by butt of gun after witnessing entering of accused armed with guns and murder of her husband - There is ocular witnesses to..........
Indian Penal Code, 1860, Section 302, 324, 394, 34-- Murder - Common intention - All three accused had come armed with firearms with common object and intention of committing murder of deceased - For applicability of S.34 it does not matter as to who actually fired the shot - It also does not matter that accused `B' had not fired the shot - Fact..........
Indian Penal Code, 1860, Section 302, 364, 394, 201, 34-- Murder - Recovery of dead body - Once there was a disclosure to police regarding presence of dead body in a well by a journalist, nothing remained for accused to disclose - Post recovery disclosure is meaningless - There can be no discovery of fact which was already known to police - Nothing..........
Indian Penal Code, 1860, Section 302, 364, 394, 201, 34-- Murder - Recovery of mobile of deceased from accused - It cannot be said that accused `H' is guilty of murder - Accused `H' may be recipient of stolen property - Mobile has been recovered from accused about one month after occurrence - Presumption u/s 114 of Evidence Act cannot be drawn against..........
Indian Penal Code, 1860, Section 302, 364, 394, 201, 34-- Murder - Disclosure statements - Not witnessed by any witness - Recovery effected from accused in pursuance of disclosure statement made by them does not inspire confidence - Having discarded TIP, last seen and identification of place where murder was committed or identification of well where dead..........
Criminal Procedure Code, 1973, Section 394(2), Indian Penal Code, 1860, Section 70-- Abatement of appeal - If appeal abates it would have the effect of judgment and conviction and sentence thereunder passed by Trial Court being in force - So long as the sentence of fine is not set aside, right of State to realise the fine amount in the manner provided in S.70 of IPC would not be..........
Criminal Procedure Code, 1973, Section 389-- Appeal - Suspension of sentence - Bail - Offence u/ss 302, 394, 201 & 411 IPC - Case virtually a case of no evidence - No one was named in FIR - Appellant is said to have been roaming near the place where dead body of deceased was recovered - There is some recovery of Tora and Safi but no..........
Indian Penal Code, 1860, Section 302, 394, 34-- Murder - Circumstantial evidence - Deceased found murdered in the bathroom of her house - Factum of illicit relation of deceased with father of accused not proved which is a strong motive for accused to commit murder of deceased - Daughter of deceased and domestic servant does not support the..........
