Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Specific questions were put to accused in his examination u/s 313 Cr.P.C regarding recovery of various articles at his instance and also regarding FSL report, but he failed to give explanation with regard thereto - However, High..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of various articles at the instance of accused - Dead body of deceased was found much prior to recording of Memorandum of accused u/s 27 of the Act - Therefore, only that part of statement which leads to recovery of dagger and rickshaw would be..........
Indian Penal Code, 1860, Section 302, 323, 201, Criminal Procedure Code, 1973, Section 227 -- Murder - Discharge - Death of deceased was natural as per expert witness who carried out postmortem on the body of deceased - No external injuries found on the body of deceased - No material to proceed against accused in private complaint filed by father of complainant - Accused..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Incident was witnessed by friends of deceased as per FIR - However, said witnesses not supported prosecution case and were declared hostile - PW13, who was also alleged to be eye witness to the incident not found at the place of occurrence by brother and mother of deceased when they reached place of occurrence..........
Indian Penal Code, 1860, Section 302, 201, 148, 149 -- Murder - Complainant father of deceased is sole eye witness - Complainant not deposed anything as to why he had not tried to intervene and save his son - He neither seen anyone killing his son nor he had deposed that he had seen anyone burning the victim - He deposed that accused assaulted his son with a knife and iron..........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Bullet was fired by A-3 as a result of which deceased lost his life - Even, without applicability of S.34 IPC, A-3 could have been convicted for offence punishable u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Testimony of eye witnesses are of a very sterling quality - Accused were together and were in the company of main accused/A-3 and they acted in concert - They were carrying lathi and A-3 was moving with a musket - There was time available for the meeting of minds - Thus, existence of common..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction with the aid of S.34 IPC - All accused had come armed, assaulted complainant together and thereafter left the place of occurrence together - Accused not only had common intention to kill the deceased but also actively participated in assaulting and giving blows to deceased together with other accused persons -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness has not identified both the accused in Court - Accused cannot be convicted in the absence of their identification by eye witness before Court - Accused acquitted...........
