Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of an accused is a fundamental requirement for establishing culpability and where no credible source or circumstances of identification are provided, testimony regarding identification becomes inherently unreliable...........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Medical evidence - Medical evidence presented is inconsistent with prosecution's narrative - Doctor/PW18 opined that deceased might have died due to excessive bleeding resulting from a fracture of left hip bone - However, prosecution has failed to produce any medical document or hospital record..........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of accused - Absence of critical information regarding identification of accused especially when the incident occurred at night renders the prosecution's case doubtful - FIR and testimonies of witnesses during trial exhibit material contradictions - Medical evidence presented is..........
Indian Penal Code, 1860, Section 302, 341, 323, 148, 149, Arms Act, 1959, Section 3, 25 -- Murder - Previous enmity between complainant party and accused `G' - No weapon of offence has been recovered by police at the instance of any of accused - Even, there is no FSL Report regarding empty shell of seized cartridge - Further, main accused persons `D', `G' and `Dh' were..........
Indian Penal Code, 1860, Section 302, 323, 147, 149 -- Murder - Land dispute between parties - Eye-witnesses failed to prove any specific overt act and presence of appellants at the place of occurrence with any common object along with other co-accused who were assaulting informant party - General and omnibus findings of trial Court that all the accused persons were held..........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Occurrence took place in the street and not inside the house of one `J', as alleged by complainant - Dead body of deceased also was lying in the brick lines street - Weapons of offence were not sent for forensic analysis to examine whether they were in the working condition or not - Allegation of firing at the..........
Indian Penal Code, 1860, Section 302, 323, 149, 148 -- Murder - Eye witnesses specifically stated about role played by each of accused - They have supported the case of prosecution - Version given by eye witnesses is fully supported by medical evidence - Merely because there are certain minor contradictions in depositions given by PWs, their version cannot be discarded and..........
Indian Penal Code, 1860, Section 302, 304(Part II), 323, 147, 148, 149, 447 -- Nature of offence - Dispute took place on the spur of moment and there was no premeditation - Accused `R' inflicted only a single blow on the head of deceased with a lathi - It was thus, in the knowledge of accused `R' that his act was likely to cause death, but same would not fall within ambit..........
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 -..........
