Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 stated that accused `S' had opened fire - Firearm was recovered from accused `S' and his name appeared in statement given by PW1 - Case against accused `S' proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 has not given any description of persons who were riding on motorcycle of accused `S' - No TIP was got conducted for the same - Case against other accused not proved - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Trial Court has gone beyond the scope of S.302 IPC in awarding life imprisonment till death to accused `S' - Sentence modified to life imprisonment in place of life imprisonment till death...........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession rightly disbelieved as same made in presence of persons with whom accused had not cordial relations - Prosecution has failed to produce any other evidence except so called extra judicial confession - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of PW3 - Inordinate delay in recording of evidence of witnesses not explained by I.O - PW1 and PW5 have not supported prosecution case - PW3 is not wholly reliable - Conviction on sole testimony of PW3, without there being any corroboration to his evidence not justified - Benefit of doubt thus, given to..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Bail - Murder - Eye witness when tried to prevent assaulting victim, he was also taken in car and in his presence only inflicted the injuries and committed the murder - In such circumstances, individual role of each of accused cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
