RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Recovery of blood stained clothes of accused - Prosecution failed to prove that blood group of deceased, matched with blood found on the clothes of accused - Circumstance of recovery of blood stained shirts from accused, thus, cannot be made basis to uphold..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302-- Murder - Accused and his father firing at deceased `K' - It is difficult to say with certainty that shots which hit deceased `K' were fired by accused - Benefit of doubt must be given to accused - Accused not guilty of murder of deceased `K'...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Last seen theory - Entire prosecution story revolves around statement of PW9 and PW18 - However, statement of these witnesses are not sterling worth - Last seen theory as purported by PW9 and PW18 is not convincing in the ordinary course of nature - Circumstances..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 34-- Common intention - Merely because two accused were armed, it cannot be said that they both are responsible of murder of deceased - Accused killed the deceased in exercise of his right of private defence - Co-accused may or may not have acted out of desire to protect accused - He did not share same..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 324, 336, 148, 149, 506II-- Murder - Unlawful assembly - Common object - Enmity between two rival political groups - Prosecution evidence not sufficient to conclude that any conspiracy was hatched by accused with common object to cause death of deceased - No deadly weapons were carried by accused - At the most accused wanted..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 149-- Murder - Common object to murder cannot be inferred only on the basis that weapons carried by accused were dangerous...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 326, 149-- Murder - Unlawful assembly - Common object - Finding of commission of offence u/ss 326, 149 IPC can be recorded against members of an unlawful assembly even if it is established that offence u/s 302 IPC was committed by one member of such assembly...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 324, 325, 149, 34-- Murder - Unlawful assembly - Common object - Accused allegedly formed an unlawful assembly, armed with weapons attacked the complainant and caused injuries to others who came to his rescue - Attack made by accused does not show that there was common object of murder amongst the accused - No..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 396-- Test Identification parade (TIP) - Dacoity with murder - PWs identified the accused by his bald head - However, accused was sole person in TIP who had a bald head - Sufficient precaution not taken while conducting TIP, as no effort was made to mix suspect with other under trial prisoners having..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 324, 458, Arms Act, 1959, Section 27-- Murder - Motive - Accused had an evil eye on deceased which was proved by prosecution as an immediate impelling motive on the part of accused to commit murder of deceased - Motive of crime also proved by fact that accused painted his face black knowingly fully well that he would be recognized by..........