Indian Penal Code, 1860, Section 304 - - Culpable homicide not amounting to murder - PW not supported charge leveled against accused - Deceased was found alive by witnesses, none of them were reported by injured that it was accused who had inflicted such injuries on him - No evidence on record that weapon recovered was used by accused while committing offence and even same..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Relative witnesses - Murder case - PW11, who is brother of deceased, and PW13 is husband of niece of deceased fully corroborated prosecution case in their evidence - Mere fact that they are related to deceased, does not impeach their evidence in any manner and cannot be considered them as interested..........
Indian Penal Code, 1860, Section 302 -- Murder - PW5/eye witness in his statement only taken names of four accused, who were seen running away from spot - He did not take name of A-2 - Mere fact that PW5 did not mention name of A-2, cannot lead to inference that A-2 was not involved in the incident, particularly when presence of A-2 is proved on record through the evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical evidence - Nature of injuries especially injury in back of head led officer writing inquest report to believe that bullet entered from back of head and came out of mouth - Said impression recorded in inquest report was only opinion of person preparing inquest report and due to that impression recorded in inquest..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive of occurrence proved on record from oral evidence of eye witness - Fardbeyan of informant was recorded on the spot itself by police officials - Names of all five accused and role attributed to them have been promptly recorded by police officials within half an hour of incident on the spot - Medical evidence..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Rifle was recovered from house of A-1 as per his disclosure statement and a double barrel gun was also recovered from house of A-2 - However, post mortem report does not state as to whether those gun wounds were caused by rifle or by gun - In the absence of definite..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Source of light at the spot - Identification of accused - Incident occurred in agricultural field of complainant where it was dark - Panchnama of scene of occurrence shows no indication of electric light at the spot - Case of prosecution is that accused and six other co-accused..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Recovery witnesses not supported the prosecution case - There was darkness at the time at place of occurrence making it difficult for witness to identify assailants - Evidence of eye witnesses contradictory to each other as to firing of fatal blow - Guilt of accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - As per the case of prosecution, petitioner given a severe blow to old age person of 71 years, but the fact remains that there is cross version also and a private complaint to that effect is pending before the Court of competent jurisdiction - Out of total 14..........
Indian Penal Code, 1860, Section 166, 167, 201, 202, 203, 204, Bombay Police Act, 1951, Section 25 -- Offence u/ss 166, 167, 201 to 204 IPC and S.25 of 1951 Act - Complaint filed on the basis of adverse observations made by Additional Sessions Judge in murder case against respondent who investigated the case - Accused in said case filed criminal appeal in High Court..........
