Indian Penal Code, 1860, Section 302, 120B -- Murder - Appeal against acquittal - Prosecution has failed to prove the participation of present accused in commission of crime - Trial Court rightly discarded testimony of prosecution witnesses, while giving verdict of acquittal in favour of accused - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Mere statement recorded by police during interrogation, by virtue of which present accused has been netted in crime of murder, is not enough and is having no legal significance - Accused rightly acquitted...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Death by burning - 98% burn injuries - Dying declaration of deceased does not bear any certificate of doctor that patient was in a fit condition to give such statement - On the contrary doctor categorically stated in cross-examination that deceased was not in a position to..........
Indian Penal Code, 1860, Section 302 -- Murder - Acquittal of some of accused would not make basis of acquittal of present accused - Assuming that if some of accused have wrongly been acquitted by trial judge, it does not mean that similar treatment should be given to accused - Contention of defence that as some of accused acquitted, accused also deserves acquittal,..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder case - Three hours delay in lodging FIR cannot be culled as unusual, particularly in view of fact that PW1 picked up deceased and took him on a bullet car and on the way to police station he could get tractor of one person and by the time deceased was shifted in the same he expired, PW1 might have..........
Indian Penal Code, 1860, Section 302 -- Murder - Statements of two PWs proves that on the date of incident, it was accused who caused firearm injuries to deceased resulting in his death - Post mortem report of deceased also supports prosecution case - Prosecution proved its case - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 30 -- Blind Murder case - Circumstantial evidence - Star witness of prosecution PW3 not supported prosecution case and turned hostile - Complainant deposed in tune with FIR - There is no eye witness to incident - PW4, though stated that white colour scooty was seen to be parked on the spot, but he never..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Gunshot injury - Deceased died due to single gunshot injury resulting in instantaneous death - However, alleged eye witness reached to the place of occurrence after incident which had already taken place - There is previous enmity between parties, thus, possibility of false implication of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was residing in the house of complainant along with his family - He was seen by PWs a day prior to incident in the area where incident occurred and accused was missing from house on day of incident - Ear rings and necklace of deceased was missing when PWs saw dead body of deceased - There..........
Indian Penal Code, 1860, Section 302, 392, 397, 34, Arms Act, 1959, Section 25 -- Murder - Weapon of offence not exhibited before Court - Bald testimony of police official about recovery of weapon and its use in two crimes - Cannot be taken to be admissible...........
