Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Dispute regarding supply of water - All PWs are interested witnesses being members of same family living in front of family of accused having their civil dispute pending for a long time - FIR was registered at the instance of accused against complainant party and that is why complainant party tried to..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - Recovery of ornaments of deceased - Mere recovery of ornaments by investigating agency is not sufficient unless same are produced before trial Court and identified by PWs to show that these very ornaments were worn by deceased at the time of incident - Recovery of ornaments thus, not worth reliance and..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - Recovery of blood stained clothes of accused - Presence of blood group on the clothes of accused matching with blood group of deceased in itself is not sufficient to establish guilt of accused unless same is connected by substantiate piece of evidence in the case - Accused thus, cannot be convicted solely on..........
Indian Penal Code, 1860, Section 302, 316, Evidence Act, 1872, Section 106 - - Prosecution examined as many as three witnesses of fact but none of them deposed that accused was present in his house at the time of incident - These witnesses failed to support prosecution case as spelt out in FIR and were declared hostile - Prosecution thus, failed to discharge its initial..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Parole - Mere fact that a person is convicted for an offence does not mean that he will abscond if he is released on parole...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Parole for the purpose of house repair - Possibility of petitioner absconding or involving in other serious crime while released on parole, is just apprehension in the mind of authority, which is not based on any substantial evidence or reasoning - Moreover, on earlier occasion also petitioner had surrendered in time..........
Indian Penal Code, 1860, Section 201, 366A, 376, 302, Criminal Procedure Code, 1973, Section 235 -- Offence u/ss 201, 366A, 376, 302 IPC - Conviction - Imposition of death sentence - As per S.235 Cr.P.C. opportunity must be given to accused against death penalty - Before imposing extreme penalty of death sentence, Court would have to satisfy itself that convict would be a..........
Indian Penal Code, 1860, Section 201, 366A, 376, 302, Criminal Procedure Code, 1973, Section 235 -- Offence u/ss 201, 366A, 376, 302 IPC - Conviction - Imposition of death sentence - Principles of constructive res judicata - Can have no application to matters relating to life and death...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Role of firing at deceased specifically assigned to A-1 (deceased) - Neither any overt act attributed to A-2 nor even it is deposed against him that he caught hold of deceased - From the evidence of PWs, it does not follow that A-2 and other co-accused had arrived at place of incident with common..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 109, 111, 460, 394, 397, 201, 411, 120B -- Interim bail - For attending the marriage of his daughter - Offence u/ss 302, 109, 111, 201, 120-B, 394, 397, 411, 460 IPC - Case before trial Court is fixed for recording of statements of prosecution witnesses - Therefore, petitioner directed to be..........
