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TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, 149 -- Murder - Evidence of PW1 to PW5 discarded being not proved - Recovery of MO also not proved, as recovery witnesses turned hostile - Inconsistency found between ocular evidence and medical evidence in respect of injuries to alleged eye witness and deceased and weapons used - Prosecution failed to prove its case - Accused..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1)(a), 27 -- Attempt to murder - Investigation of the case made by Subordinate Officer to complainant not proper and thus, not relied upon - No independent witness of recovery and arrest of accused - There was thus, no fair investigation of case - No reliable and cogent evidence on record against accused -..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 392 -- Extra-judicial confession - Murder case - PW2 stated that accused confessed before PW1 and who in turn told about the same to him - Information received by PW2 from PW1 about extra-judicial confession made by accused is thus, hearsay - Such hearsay evidence of PW2 relating to so called confession..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Evidence Act, 1872, Section 30, Indian Penal Code, 1860, Section 302, 392 -- Confession of co-accused - Murder case - Accused cannot be convicted solely on the basis of extra-judicial confessional statements of co-accused, which were not corroborated by cogent and reliable evidence...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 392 -- Recovery of rope - Murder case - Accused cannot be convicted on the basis of recovery of rope which was used for committing the offence in the absence of any link of rope with crime, as it is a common material or thing which is available anywhere in market or at every household - Accused..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302 -- Murder - Co-accused absconded - Merely because whereabouts of co-accused who was accompanying accused was not traceable, trial of accused on this score will not vitiate nor impugned order of conviction and sentence set aside on this score...........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302 -- Murder - Contradiction in statement of PWs as to actual time of reaching at place of occurrence - Incident is of year 2009, witnesses have been examined in the years 2011 and 2012 - There is thus, chance of error of memory due to lapse of time or due to mental ability of witness concerned - Moreover, contradictions elicited on behalf..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302 -- Murder - Death of deceased occurred due to ante mortem injuries found on his body - Presence of witnesses at the place of occurrence is most natural, as they are neighbours - Prosecution proved the date, time and place of occurrence beyond reasonable doubt - PWs saw accused along with his companion at place of occurrence in light of..........

DELHI HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Benefit of doubt - No evidence to show that accused were last seen in company of deceased immediately prior to their death - No circumstance of motive for commission of offence established - Recovery of scooter used to carry dead bodies, shrouded in mystery - All PWs turned hostile - FSL..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Double murder case - Gunshot injury - Injury on the base of chin of deceased - Said injury cannot be caused while holding gun from front and it is not possible to put gun under chin to cause such injury, considering that deceased `M' was a young and energetic man - Injury on the base of chin of deceased is..........

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