Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Sentence - Modification - For offence of murder, minimum sentence is `life imprisonment' - High Court cannot modify the sentence to one already undergone - Modification done by High Court was erroneous - Order of High Court removing the cap of 30 years is not correct thus, set aside...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - In first charge sheet and second charge sheet, trial Court awarded consecutive sentences and not concurrent sentences - Both cases were tried together - Conviction was recorded by one common judgment - Sentences were also recorded by one common order - High Court rightly concluded that sentences to run..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Conviction - Accused found guilty of two murders and sentenced to undergo 30 years of imprisonment with fine of Rs.3 Lakh - Appreciation of evidence - High Court after taking note of testimony of eye-witnesses recorded brief description of depositions of these witnesses - Furthermore, Court also taken note of..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Prior enmity between parties - Injury No.2 was caused by fire arm, which is dangerous to life as per Doctor/PW12 - Pistol was also recovered from A-2 - Accused rightly convicted u/ss 307, 34 IPC - Since occurrence was of the year 2000, after considering facts and circumstances of case and also age of accused..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Double murder case - Evidence of PW3 - PW3 stated that he had seen accused and other accused coming out of his house with blood stained clothes and they proceeded towards house of accused - Witness has reiterated the same in his cross-examination - A blood stained lock and key also recovered on..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Double murder case - Evidence of injured witness/PW2 - PW2's throat was slit in the occurrence causing loss of voice requiring hospitalization for two months - She was a minor student witness aged about 13 years - Presence of PW2 at the place of occurrence and injury caused during occurrence..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Plea of false implication - Evidence of eye witnesses clearly proves their presence on the spot and they have witnessed the incident and have given true account - PW10, stated that all accused were sitting together and the fact that PW11 has seen only three persons does not indicate that only three persons were..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Wife of deceased/PW8 stated that deceased had his meal before starting from residence - However, no food stuff found in stomach of deceased which creates a strong suspicion about evidence of PW8 as per accused - Status regarding food in stomach of deceased becomes relevant when there is a issue regarding time of..........
Indian Penal Code, 1860, Section 302, 324, 323, 34 -- Different places, as the scene of offence, described by different eye witnesses - Suppression of earlier FIR - All this reveals that prosecution wanted to suppress and has suppressed the real incident and culpability of real culprits - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 302, 324, 323, 34 -- Murder - Prosecution version is that incident happened inside the house of complainant - However, PWs tried to improve case of prosecution by deposing that incident occurred outside the house and they have seen the incident - Contradictory versions given by all eye witnesses - Prosecution failed to prove its case beyond..........
