Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Unlawful assembly - Five accused collectively came to house of deceased along with deadly weapons with common object of committing murder of deceased - Merely because gun shot fired by accused did not enter body of deceased or was misfired, accused cannot be said to be..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 148, 149, Arms Act, 1959, Section 25 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Incriminating circumstance not put to accused in his statement u/s 313 Cr.P.C - Examination of accused u/s 313 Cr.P.C thus, rendered an empty formality - Only on this count, conviction and sentence of..........
Indian Penal Code, 1860, Section 307, 149 -- Attempt to murder - Evidence on record that accused were armed with deadly weapons and were aggressors in hitting injured witnesses with weapons due to which they suffered several injuries - No contradiction or inconsistency between the version of injured witnesses - Right of private defence as alleged by accused not proved - No..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8 -- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506 -- Murder - Unlawful assembly - Circumstantial evidence - Accused allegedly assaulted deceased with deadly weapons on his hands and legs while dragging him for about 2 km from his house to fields, which led to his death - Weapons used in crime were stated to be sword, sticks axe and pipe - However, no..........
Indian Penal Code, 1860, Section 302, 201, 149 -- Murder - Evidence of three eye witnesses - Presence of eye witnesses on the spot cannot be doubted, as mother and brother of deceased immediately proceeded towards deceased along with PW6 in order to give him a torch light, since it was pitch dark - Defence in their cross-examination was not successful in proving that..........
Indian Penal Code, 1860, Section 302, 201, 149 -- Murder - Dead body of deceased was recovered in two pieces and the same identified by step mother of deceased - Motive of crime proved on record, as just prior to incident accused `K' threatened deceased not to give evidence against him in criminal case filed against accused in which deceased was a witness - Evidence of PWs..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 436, 427, 148, 149, 120B, 188, Prevention Of Damage to Public Property Act, 1984, Section 4, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Offence u/ss 307, 436, 427, 148, 149, 120-B, 188 IPC, S.4 of 1984 Act and Ss.3, 4 of 1908 Act - Petitioners had a very desperate idea to..........
Indian Penal Code, 1860, Section 307, 147, 148, 323, 504, 149 -- Attempt to murder - Quantum of sentence - Punishment as ordered by High Court is too low - However, having regard to fact that accused already undergone some period in jail and taking note of fact that incident occurred in the year 2007 and since parties have purchased peace, no further sentence of..........
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,..........
