Indian Penal Code, 1860, Section 147, 148, 447, 323, 324, 302, 307, 149 -- Murder - Conviction - Appreciation of evidence - Quarrel over harvesting millet crop - Sudden fight - No common object of unlawful assembly - Eye-witnesses failed to establish as to how many injuries were received by deceased and with what weapon - Death due to coma, as a result of head injury,..........
Evidence Act, 1872, Section 3 -- Weapon of offence - Can be connected to injuries caused by either opinion of doctor that injuries are possible by said weapon or by witness identifying weapon of offence from which injuries are caused or in case it is found to be stained with blood of injured/deceased...........
Indian Penal Code, 1860, Section 397, Evidence Act, 1872, Section 8 -- Offence u/s 397 IPC - Circumstantial evidence - Recovery of knife (weapon of offence) - Prosecution though proved recovery of knife from accused `A' but, failed to link the same with injury caused to deceased, as there is no witness who identified accused `A' using the knife - Even, knife was not found..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon of offence (axe) at the instance of accused after 8 days of occurrence from an open space accessible to anybody, raises a serious doubt veracity of prosecution case, particularly, when PWs already seen the weapon lying near dead body of deceased -..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased joined the job where deceased was working, therefore, there was no reason/motive to establish that accused had killed the deceased - Witnesses who claimed eye witnesses, had actually not seen the incident - Weapon of offence not recovered - Accused convicted merely on the basis of suspicion - Suspicion how so ever..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Recovery of various articles - Recovery of weapon of offence at the instance of accused is proved on record - FSL report clearly proves human blood at place of occurrence, weapon of offence, sari of deceased and also on pant of accused - FSL report thus, further corroborates evidence otherwise available on..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1A) -- Attempt to murder - Appeal against acquittal - Acquittal upheld viz: (i) name of accused not mentioned by eye witness/brother of victim to Chief Medical Superintendent, despite knowing the accused; (ii) weapon of offence/pistol recovered from pocket of accused next day is improbable; (iii) weapon of..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained `Kandhala' - Murder case - Weapon of offence got recovered from disclosure statement of accused - Prosecution examine both official witnesses who have stated consistently as regards factum of accused having made disclosure statement and having led police..........
Evidence Act, 1872, Section 3 -- Recovery of weapon of offence - Recommendation and suggestions viz: (i) all I.O apart from making sketch of recovered weapons shall also take photographs of same which can give a better picture of weapon used; and (ii) implements/weapons must be described clearly by trial Courts in judgments e.g a `Datar' can be described as an agriculture..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Altercation between deceased and accused about 1-1/2 months ago, which establishes the motive of accused to commit murder - Deceased stated the same facts in his dying declaration, which was categorically stated by PWs - Dying declaration of deceased is well corroborated..........
