Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Occurrence took place in the street and not inside the house of one `J', as alleged by complainant - Dead body of deceased also was lying in the brick lines street - Weapons of offence were not sent for forensic analysis to examine whether they were in the working condition or not - Allegation of firing at the..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Main allegation of causing injury by lathi is against accused who already died during the course of trial - Only allegation against A-2 to A-4 is that they had thrown pieces of bricks on the injured persons - Material contradictions in the evidence of PWs regarding genesis and manner of occurrence -..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149 -- Murder - Testimony of eye witnesses - PW-1 did not name accused Nos. 2 and 5 in the complaint but in the course of his deposition, he not only named them but also furnished minute details of the attack by each of them - There are contradictions and discrepancies in the depositions of eye witnesses - Motive of..........
Indian Penal Code, 1860, Section 302, 324, 148, 149 -- Murder - Testimony of eye witness - PW-1/eye witness embellished her narration of how the attack occurred resulting in a lot of inconsistencies - Contradictions in her story would raise reasonable doubt, as her statement in her deposition that she was attacked after the attack on the deceased was made to buttress her..........
Indian Penal Code, 1860, Section 306, 511, 109, 120B, 149 -- Abetment of suicide - Wife attempted suicide - Death by suicide is necessary ingredient to invoke S.306 IPC - Further, S.511 IPC can only be invoked if principal offence is concluded to have been committed - Since wife survived suicidal attempt, threshold of S.306 IPC not breached - Accused discharged...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - When charge is u/s 149 IPC, presence of accused as part of unlawful assembly itself is sufficient for conviction...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Presence of A-5 and A-6 at the scene of crime with the other co-accused amounted to an unlawful assembly which is sufficient for their conviction - Their active role in surrounding the deceased with the common intention to kill him proved on record - Motive of crime is also proved -..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - A-3 has been assigned an active role in the crime - All the eyewitness has categorically stated about his presence and that A-3 was armed with deadly weapon i.e. sword and that he had also wielded blows not only upon the deceased but upon the injured persons - A-3 rightly convicted...........
