Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
Indian Penal Code, 1860, Section 366, 376, 302 -- Kidnapping, rape and murder - Enhancement of sentence - On the date of conviction accused was 27 years of age and he had a wife and small child as well as aged parents - He committed first offence and accused has no criminal antecedents - However, this is a case where a fixed term sentence for a period of 30 years must be..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden quarrel picked up by accused when deceased asked them not to shout and vacate the place - No previous motive for accused to kill deceased and neither was there any previous enmity between accused and deceased - Accused were not armed with any weapon when they came to place..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Body of deceased was found from well of village - No case of ill treatment of deceased was ever registered against accused - Father of deceased/PW2 and PW10 stated that we suspected the role of accused to have murder the deceased - Doubt and suspicion cannot form basis of guilt of accused -..........
Indian Penal Code, 1860, Section 302 -- Murder - Theory of conspiracy was disbelieved by High Court - There was thus, no basis or reason to have upheld conviction of A-2, particularly when on basis of very same set of evidence led by prosecution, principle conspirators involved in the crime were acquitted - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 147, 143, 148, 504 -- Murder - Testimony of sole eye witness - Land dispute between parties - Presence of accused on the spot is not disputed - PW1 stated that all accused were hiding in bushes at the spot - He though not clear as to which one of accused had assaulted deceased after he fell down, but he is categorical with regard to..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 24 -- Double murder case - Extra judicial confession - PWs 7 to 9 who supported prosecution case have not stated that accused was either their relative or a close acquaintance - They not even stated that they personally knew accused - Even, after extra judicial confession before PWs 7 to 9, they did..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused stabbed deceased with a double sided knife - Injuries disclosed by post mortem report and inquest report are consistent with deposition of PW1 and PW16 - Nature of complaint is thus, supported by evidence of PW1 and PW16 - Weapon of offence i.e knife recovered at the instance of accused and forensic report also..........
