Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Testimony of Eye witness - Accused allegedly murdered mother and her unmarried daughter, burnt their bodies in house and carried the remains of dead bodies and ashes in a cart driven by tractor to an unknown place - Eye witness PW9 is real sister of deceased/mother narrated the entire incident and inter..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Four out of eight accused convicted - Only one accused inflicted injury on deceased and three others did not attack the deceased in any manner whatsoever - Three other accused cannot be convicted for offence u/s 302 IPC simpliciter when no injury is attributed on them and once they were..........
Indian Penal Code, 1860, Section 307, 323, 341, 147, 148, 149 -- Attempt to murder - Common object - 48 persons intercepted victim, when he was proceedings on a motor cycle - Victim received 9 injuries on his body - All the injuries inflicted on the hands and legs of victim and none were found on the vial part of body - No medical evidence that injuries were sufficient in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 149, 352, 332 -- Order framing charge - SHO alleged to be prevented to serve summons to prosecutrix - SHO concerned accompanied by other police officers proceeded for serving summons on prosecutrix during odd hours at the place of residence of accused without being accompanied by lady..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Common object - Property dispute - A-1 caught hold of deceased and A-4 dealt with lathi blows - Other accused persons who were standing nearby did not play any role in attacking deceased - Only act attributed to them is that they shouted `Maro sale ko' - Mere utterance of said words would not mean that they wanted..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Mere no, recovery of weapon does not falsify prosecution case where there is ample unimpeachable ocular evidence...........
Criminal Procedure Code, 1973, Section 174, Indian Penal Code, 1860, Section 302, 149 -- Inquest report - Murder - Non-recording of certain relevant entries in inquest report do not constitute material defect so grave to throw out prosecution story and otherwise reliable testimonies of PWs that have mostly remained uncontroverted...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Evidence of eye witnesses reliable and consistent - Medical evidence was also consistent with ocular evidence and it corroborated direct evidence of eye witnesses - Minor improvements, embellishments etc. apart from being far yield of human faculties are insignificant and ought to be ignored since evidence of witnesses..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Prosecution produced six eye witnesses to the incident - However, evidence of eye witnesses is not truthful, reliable and trustworthy - Presence of eye witnesses at the time of incident is highly unnatural as also their ability to correctly identify each of accused from a considerable distance, especially when it was..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Property dispute - Identity of accused - Place of occurrence at a distance of 300 sq. yds from concerned Police station, as per FIR - However, it is no where stated that eye witnesses to incident had seen the occurrence from a distance of 300 sq. yds. - Plea that it was impossible for witnesses to see occurrence clearly..........
