Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - Minor scuffle - Thereafter respondent No.1 alongwith others went home and came back armed with a farsa and allegedly caused death of deceased by giving repeated blows on the vital part - Held, there was some amount of pre-mediation on the part of respondent No.1 when he had gone to his house and..........
Arms Act, 1959, Section 25,27 -- Firearm recovered from custody of accused - No sufficient material on record to prove identity of weapon - No material to show that weapon was same which was used at time of commission of offence - Held, prosecution failed to prove beyond reasonable doubt that any operative firearm recovered from custody of appellant-accused...........
Indian Penal Code, 1860, Section 302 -- Accused acquitted on the grounds viz: (1) Improvement with due deliberation in statement recorded in Court when compared with that recorded u/s 164 Cr.P.C.; (2) Prosecution not sure of actual place of occurrence; (3) Variance in detail of injuries suffered on material aspects between prosecution witnesses and medical evidence; (4) No..........
Indian Penal Code, 1860, Section 302, 34 -- Murder case - No eye witness - Case resting on circumstantial evidence - Overwhelming evidence proving that appellants shared motive with other accused - Statements made by appellants during investigation led to recovery of weapon of offence - Appellants not found at the normal place of their work - Their abscondence soon after..........
Indian Penal Code, 1860, Section 302,304 -- Part I - Offence of murder - Allegations that quarrel ensued between accused party and deceased when informant protested that accused persons were uttering filthy remarks against their women folk - During fight accused gave knife blows on vital parts of body of deceased - No evidence on record to show that accused was acting..........
Indian Penal Code, 1860, Section 308, 324 -- Complainant allegedly suffered lacerated wound on right side of his forehead, suffered dislocation of his shoulders apart from blunt injuries which were grievous in nature - Weapon of offence used cricket wicket which could have caused death - Evidence of past history of enmity between parties - Held, it is not a case of grave..........
Criminal Procedure Code, 1973, Section 227 -- Complainant allegedly suffered lacerated wound on right side of his forehead, suffered dislocation of his shoulders apart from blunt injuries which were grievous in nature - Weapon of offence used cricket wicket which could have caused death - Evidence of past history of enmity between parties - Held, it is not a case of grave..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Provision of S.84 of IPC will not come to the rescue of accused in case it is found that accused knew that what he was doing was wrong or that it was contrary to law - To ascertain this it is imperative to take into consideration the circumstances and the behaviour preceding, attending and following the crime -..........
Indian Penal Code, 1860, Section 302 -- Accused murdered the deceased, his wife and son by giving blows from the blunt side of kulhari on their heads - No eye witness to the alleged occurrence - Accused made extra judicial confession before his close associates which was found reliable - Voter identity card of accused found near the wall of the house of deceased - Finger..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused, who nursed animosity, caused death of deceased by inflicting knife blows - Evidence of eye-witnesses found credible and secured corroboration from evidence of independent eye-witnesses - Discovery of weapon of offence at the instance of accused corroborated by FSL report - Held, merely because panch witnesses..........
