Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence as deposed by prosecution witnesses itself would demonstrate that version of prosecution may not be correct - Conviction set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 9 -- Murder - Non-holding of Test Identification Parade (TIP) - Witnesses had already been exposed to accused in police station - After all, TIP is only a part of an investigation and therefore nothing more can be attached to it - It is the duty of prosecution to prove its case beyond reasonable doubt -..........
Indian Penal Code, 1860, Section 34 -- Common intention - There has to be adequate material to fasten the accused on the basis of constructive liability as S.34 IPC is nothing but a rule of evidence...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of gun from co-accused was owned by accused - However, how weapon came into possession of co-accused and who used it has not been proved by prosecution - Recovery of gun held, not proved - Presence of accused in the place of occurrence is highly improbable - Inadequate evidence on record to implicate accused -..........
Evidence Act, 1872, Section 34 -- Entry in books of account - Regularly kept in the course of business - Unbound sheets of paper with certain entries or a particular sheet in which entry was made referring to matter in dispute, though electronically generated, cannot be substituted in place of a document as mandated u/s 34 of the Act, even when there is oral evidence in..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that Will and adoption deed is null and void - Attesting witnesses of Will could not identify the person/testator whose photograph was affixed on Will - None of parties to Will and adoption deed appeared before Tehsildar and they did not know parties personally and nor any ceremony of adoption took place in..........
Indian Penal Code, 1860, Section 302, 201, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Two extra judicial confessions - Acquittal of some co-accused but conviction of appellant - If such week piece of evidence of co-accused was not duly proved or found trustworthy for holding other co-accused guilty of committing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - High Court granted bail to accused without taking into consideration the relevant facts and circumstances and appropriate evidence which proves that accused has been charged with a serious offence - Grant of bail to accused only on the basis of parity shows that order..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was strangulated to death by accused and an attempt was further made to conceal his identity by pouring acid over the body - Medical evidence shows that deceased was assaulted by two or more persons and that injuries were homicidal in nature - Landlord of..........
Indian Penal Code, 1860, Section 342, 353, 323, 34 -- Offence u/ss 342, 353, 323, 34 IPC - Concurrent findings recorded by two Courts below regarding presence and involvement of accused in the occurrence - High Court is not inclined to minutely appreciate the evidence in exercise of revisional jurisdiction - However, there is no justification for award of maximum period of..........
