Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Motive - Bald allegation made by prosecution that sum of Rs.80,000 was taken by two deceased from `B' who was owner of shop where accused was working - However, said amount was not payable or due from accused - No evidence is led by prosecution to show that accused would have..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Last seen theory - Time gap between incident of last seen and time of death is 19-20 hours - Suspicion arises with regard to presence of accused with two deceased or testimony of PW4 about his having lastly seen deceased with accused - Last seen evidence not proved - Accused..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Recovery of spade and bullock - Recovery effected after 3-1/2 months and there is no independent witness to such recovery - Spade otherwise not sent to forensic examination - Specific circumstance with regard to recovery has not been put to accused u/s 313 Cr.P.C - Recovery not..........
Indian Penal Code, 1860, Section 302, 307, 326, 323, 325, 148, 149 -- Murder - Discrepancies found in testimonies of eye witnesses - Prosecution failed to produce any independent witness to corroborate their version - Recovery of weapons not proved - Blood found on the clothes of accused is doubtful to be of deceased, as it is difficult to believe that accused were wearing..........
Indian Penal Code, 1860, Section 302, 394 -- Murder and robbery - Concurrent running of sentence - Accused convicted u/s.302 of IPC for imprisonment for life and convicted u/s.394 of IPC for 10 years - If life imprisonment is punishment that is imposed, the term sentence will have to run concurrently...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Reasonable doubt created with regard to cause of death - Recovery of pillow and shirts containing blood stains tallied with blood group of deceased but seizure witnesses did not support case of prosecution - Seizures alleged to have been made during investigation not proved by prosecution -..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 stated that accused `S' had opened fire - Firearm was recovered from accused `S' and his name appeared in statement given by PW1 - Case against accused `S' proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 has not given any description of persons who were riding on motorcycle of accused `S' - No TIP was got conducted for the same - Case against other accused not proved - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Trial Court has gone beyond the scope of S.302 IPC in awarding life imprisonment till death to accused `S' - Sentence modified to life imprisonment in place of life imprisonment till death...........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
