Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Extra-judicial confession - Prosecution alleged that accused made extra judicial confession before PW3, PW4, PW6 and PW8 and having admitted their guilt - However, from the statements of alleged PWs, theory of extra judicial confession not proved beyond doubt - More so, PW8 stated that none of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Testimony of PW2 - PW2 heard the gunshot injury while he was coming from the field and saw accused running from spot - But PW2 did not disclosed the said incident to anyone though he had knowledge of murder of deceased - Only after two months of incident, he narrated the story to PW1 father of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen evidence - Accused not named in FIR - No satisfactory explanation as to why PWs not informed the name of previously known accused persons who were last seen and on whom PW3 had doubt of murder of her husband - Deliberate long unexplained delay by PWs had resulted in disappearance of..........
Indian Penal Code, 1860, Section 302, 392, 328, 201, 473, 420, 34 -- Taxi hired by accused persons to visitvarious temples - Body of deceased taxi owner found after 10 days - Prosecution duly proved that vehicle was hired by accused - Recovery of vehicle and registration of vehicle duly proved - Recovery of knife, rod, rope and30 tablets of lorazepam from vehicle made -..........
Indian Penal Code, 1860, Section 302, 323, 324, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - In the instant case, three accused persons assaulted deceased with fists and legs and however, they were not armed with any weapon - Thereafter, accused `R' appeared at the scene and assaulted deceased with `Danda' - Deceased died of `Danda' injuries -..........
Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Rape with minor - Appeal against conviction - Accused took advantage of their social relations with victim and took her to another house and committed rape - As per testimony of father of victim, her school master and birth records as well as testimony of radiologist, age of victim was below 16 years - Therefore, plea..........
Indian Penal Code, 1860, Section 34 -- Murder - Common intention - It is not necessary that each one of accused must have assaulted the deceased - It is enough if evidence shows that they engaged in acts of commission or omission, may be separate, may be similar or diverse, in furtherance of a common intention...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Common intention - Sequence of events proved that A-1 led the group armed with a pistol - It is after exhortation that A-3 blocked the way of deceased and held him hostage in his arms rendering him as easy target for A-2 to inflict fatal stab wound from behind - In course of same transaction, A-1 used the fire arm..........
Indian Penal Code, 1860, Section 394, 397, 34, Arms Act, 1959, Section 25 -- Robbery - Disclosure statement of co-accused in another case - No evidence on record against three accused except the reference made by co-accused `S' in the disclosure statement as regards the role of these three accused - Only that portion of information in disclosure statement which lead to..........
Indian Penal Code, 1860, Section 394, 397, 34, Arms Act, 1959, Section 25 -- Robbery - Three accused convicted on the basis of recoveries effected from accused in another case - Prosecution case entirely rests on the evidence collected in another case against these three accused - However, no case is made out against said three accused as held in that case - Prosecution..........
