Indian Penal Code, 1860, Section 302, 326, 149 -- Murder - Accused were part of a large group of 25 persons and no specific role ascribe to them - Injury certificate and post-mortem report shows that almost all the injuries were found on the hands and legs of deceased - Though accused were carrying deadly weapons, there is no allegation that they had caused injuries on..........
Indian Penal Code, 1860, Section 302, 323, 148, 149, 460 -- Murder - Collective culpability - Nine accused tried and eight of them acquitted - Sole accused convicted under the provision of collective culpability, which too is unsustainable in law - Even otherwise, there is no evidence on record to prove guilt of accused as PWs stated that accused was having an axe but..........
Indian Penal Code, 1860, Section 302, 342, 143, 147, 148, 149 -- Murder - Non-examination of independent witnesses - Fatal to prosecution case, when admittedly incident occurred in the midst of several hundred people and there were several shops and houses in the vicinity...........
Indian Penal Code, 1860, Section 302, 342, 143, 147, 148, 149 -- Murder - Non-explanation of serious injuries on the body of A-2, who alleged to be the prime accused in causing death of deceased - Fatal to prosecution, as it is clear case of latches on the part of prosecuting agency in conducting investigation, which goes to root of matter - Conviction of A-1 in such..........
Indian Penal Code, 1860, Section 302, 342, 143, 147, 148, 149, Evidence Act, 1872, Section 9 -- Murder - Test Identification parade (TIP) - Non-conduction of TIP of eye witnesses - Fatal to prosecution, particularly, when eye witnesses not mentioned the names of accused and they even did not know the accused...........
Indian Penal Code, 1860, Section 302, 342, 143, 147, 148, 149 -- Murder - Evidence of PWs not cogent and trustworthy to form basis to convict accused - Admittedly incident occurred in the midst of several persons and in the presence of police personnel - But nothing on record to show that any police personnel was examined or they have played any role in preventing the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 341, 404, 147, 148, 149 -- Bail - Murder case - Accused in custody for more than 6 years - High Court while rejecting bail application directed trial Court to conclude trial within a period of 6 months - In spite of said order of High Court no progress has been attained in the case - Other..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of eye witnesses - Eye witnesses assigned role of all accused of causing injuries in their statements - Independent witnesses also proved incident and role of accused - Mere fact that there are certain inconsistencies with regard to manner of causing injuries as deposed by witnesses in Court and as noted in..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 147, 148, 427, 435, 149 -- Delayed FIR - Offence u/ss 147, 148, 427, 435, 149 IPC - Delay of 15 days in lodging FIR - Curfew imposed throughout the District for a considerable period and there was wide spread communal rioting - In such situation, delay in lodging report was not fatal, as..........
Indian Penal Code, 1860, Section 147, 148, 427, 435, 149 -- Offence u/ss 147, 148, 427, 435, 149 IPC - Identification of accused - Material witnesses and accused belong to same village - They categorically named only 3 to 4 persons including present accused - PWs identified the accused before Court, as such there is no chance of wrong identification - Moreover, witnesses..........
