Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Contradictory statement of PW2 - Would not be so material a difference so as to discard prosecution case in view of specific and conclusive identification by both eye-witnesses to the incident with regard to identity of accused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 506, 148, 149, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 302, 506, 148, 149 IPC and S.25 Arms Act - No purpose would be served by holding the trial because role of petitioner is identical to role of acquitted accused - However, it cannot be denied that petitioner is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prior enmity - Eye witnesses categorically stated that accused fired gunshot and co-accused hit with a tangi on the right palm of deceased and other two accused (since dead) hit on head of deceased with stone - Neither any contradiction nor any inconsistency in statements of eye witnesses found on the material version..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - All accused came together armed with lethal weapons in their hands with an intention to attack persons working in field - Three persons including eyewitnesses managed to flee from field but deceased was caught hold and assaulted by accused and thus, died on the spot - Common intention u/s 34 IPC stood..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - PWs proved that deceased was last seen in the company of accused - However, nobody has seen deceased in the company of accused nearby place where his dead body was found in decomposed position - There is no evidence of murder or other unnatural death of deceased - Cause of..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 3, 25 -- Bail during pendency of appeal against conviction - Claim on the ground of parity - Murder - Co-accused granted bail, as he was above 80 years - However, present accused persons were carrying a double barrel gun and country made pistol respectively and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 302, 325 -- Interim bail - For attending marriage of his sister - Offence u/ss 120-B, 148, 149, 302, 325 IPC - Father of petitioner has already expired and presence of petitioner is necessary at the time of marriage of his sister - Moreover, not only presence of petitioner on date..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Merely because two fatal injuries noticed during post mortem of dead body of deceased, would not bring case within any exception to hold that it was a case of culpable homicide not amounting to murder, particularly, when offence of murder was otherwise proved on record...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Mere presence of three accused at the scene of crime, cannot be basis to record a finding of guilt against any of them by applying S.34 IPC, particularly when proved chain of circumstances is not enough to establish their complicity in causing fatal injuries to deceased to which he eventually..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Circumstantial evidence - No evidence on record regarding common intention of three accused or prior meeting of their minds to kill deceased - Even there is no evidence to show that these accused were wielding lathis or had assaulted deceased by lathi - For want of clinching evidence to indicate..........
