Indian Penal Code, 1860, Section 302, 149 -- Murder - Injury caused in the manner described by eye witness/PW1 - It was a single firearm injury as stated by doctor - Eye witnesses specifically and very clearly narrated the incident in their testimony - Motive of crime was proved that deceased was killed for the reason that he had deposed against accused in an earlier..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Informant stated that accused assaulted her son on both legs, chest, head and scrotum but doctors who have deposed as PW5, PW6 and PW7 did not find any injuries on the head and scrotum - Conduct of informant seems to be highly doubtful - More so, statement of informant that during occurrence PWs 1 to 3 reached..........
Indian Penal Code, 1860, Section 302, 149 -- Double murder case - Recovery of ornaments - Two of the five accused from whom the recovery was made, have been exonerated by High Court - Examination of goldsmith or the person from whom other ornaments were brought was necessary to prove that ornaments were identical to the ones recovered at the instance of accused - But that..........
Indian Penal Code, 1860, Section 302, 149 -- Double murder case - Testimony of eye witnesses - PW9 has not even stated that she had seen any of accused assaulting the deceased - Even version of PW8 is very vague about accused assaulting deceased - Husband of PW-9, who was injured witness, has not been examined - PW8 stated that he was awakened due to cries of his nieces..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Motive - Deceased instituted partition suit against his brother/A-9 and said suit was decreed in favour of deceased - It was annoyance with said litigation that A-9 and his family members decided to do away deceased and his family members for which they took help of their friends A-4, A-5 and A-7 - There was thus, clear..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - All the accused unlawfully assembled with clear intention to eliminate entire family of deceased - Even if any of them had not been assigned specific role of assaulting deceased, they all would be guilty for an offence of murder and are liable to be convicted for life imprisonment...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Medical evidence - Only one kind of weapon i.e chopper was used in committing the crime - Evidence of doctor proved the injuries but suggested possibility of use of different weapons in causing those injuries - Though evidence of doctor may not be matching with that of prosecution, but ocular evidence of injured eye..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of two injured eye witnesses - All the accused initially assembled in front of house of deceased and first two of them arrived and later rest of them came in auto rickshaw - They were armed with weapons especially choppers and thereafter trespassed into the house of deceased - PW3 and PW4 are eye witnesses who..........
Indian Penal Code, 1860, Section 302, 201, 148, 149 -- Murder - Complainant father of deceased is sole eye witness - Complainant not deposed anything as to why he had not tried to intervene and save his son - He neither seen anyone killing his son nor he had deposed that he had seen anyone burning the victim - He deposed that accused assaulted his son with a knife and iron..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Murder - Testimony of PW5 and PW6 - PW5 in her evidence not mentioned about accused and she only states that third person had fired a gun shot which had injured her leg - Evidence of PW6 is disbelieved by trial Court qua co-accused - When trial Court disbelieved the testimony of PW5 and PW6 qua co-accused, it could not..........
