Indian Penal Code, 1860, Section 302, 324, 149 -- Murder - Testimony of eye witnesses - Evidence of eye witnesses only consistent on the aspect of injuries inflicted to deceased and on all other factors there are lot of contradictions which goes to root of the matter - Witnesses gave different version as to how the weapons seized - Adverse inference can be drawn against..........
Indian Penal Code, 1860, Section 302, 324, 149 -- Murder - Medical evidence and ocular evidence not corroborated each other - Once there is clear contradiction between medical and ocular evidence coupled with severe contradictions in oral evidence and clear laches in investigation, then benefit of doubt must be given to accused - Prosecution failed to prove its case -..........
Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Murder - Common object - Unlawful assembly - PW1, eye witness to the incident has seen five persons fatally assaulting her husband/deceased - She categorically named five persons assaulting deceased in her testimony - Factum of presence of five persons on the spot is not doubtful - All the accused were identified and..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Prior enmity between parties due to election of Sarpanch - Incident occurred during winter evening - 17 accused allegedly assaulted complainant party - Identification of 17 accused persons would be extremely difficult, as it was dark - Only independent witness turned hostile and two eye witnesses not examined by..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 149, 147, 148, 504 -- Summoning of additional accused - Offence u/ss 307, 149, 147, 148, 504 IPC - Petitioners though made accused in FIR but no charge sheet submitted by police against them - PWs in their evidence at the trial, alleged active participation of the petitioners in commission of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 325, 307, 341, 147, 148, 149 -- Bail - Offence u/ss 323, 324, 325, 307, 341, 147, 148, 149 IPC - Genesis of incident is dispute on firing of crackers and there is no other dispute between parties - Trial has commenced but only one witness has been examined - Notice to de facto..........
Indian Penal Code, 1860, Section 302, 332, 353, 149 -- Murder - Common object - Evidence on record shows that accused `L' alone was responsible for overrunning the body of deceased by use of tractor - Minor role was played by other accused - There is no corroborative evidence to support their active participation in the incident - Accused `L' held liable u/ss 302, 332,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149, 504, 506 -- Juvenile - Bail - Murder case - Petitioners are minor girls and there is no material either in report of Probation officer or any other material placed before Board or before Appellate Court that their release is likely to..........
Indian Penal Code, 1860, Section 307, 148, 149 -- Attempt to murder - Unlawful assembly - Appeal against acquittal - Brutal attack on PW1 causing 12 injuries involving fracture of skull, fracture of bones of both legs as well as on wrist - PW1 unequivocally stated both in his complaint and in his evidence, which is not shaken in cross, that five accused after shouting and..........
Indian Penal Code, 1860, Section 302, 149, Explosive Substances Act, 1908, Section 3, 4, Arms Act, 1959, Section 25 -- Double murder case - Eye witnesses vividly deposed about genesis of occurrence, participation and involvement of accused persons in the crime - Non-examination of witnesses, who was on the way to hospital or the hospital itself when deceased narrated the..........
