Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Death caused due to ante mortem injuries - There were 30 incise wounds on the dead body of deceased - Weapons used in commission of offence not recovered - Injuries sustained by deceased are not linked with weapons used by accused - Neither any pellets nor any gun or any incriminating material found from accused -..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 452, 323, 506 -- Murder - Property dispute - Deceased died due to head injury when she rescued her son PW1 from accused who allegedly assaulted PW1 with stones, danda and fist blows - PW1 himself admitted that accused were unarmed - Relations between accused and PW1 were inimical - Incident occurred when complainant..........
Indian Penal Code, 1860, Section 451, 341, 147, 323, 506, 149 -- Offence u/ss 451, 341, 147, 323, 506, 149 IPC - Occurrence took place during fair and many people had gathered there - However, prosecution only examined interested witnesses and no independent witness was associated - PWs turned hostile - Statements of police officials and doctor are also of no avail, as..........
Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25 -- Attempt to murder - Property dispute - Allegations against wives of accused - Appellants were merely by-standers - No specific role assigned to appellants while specific role was assigned to two co-accused - Medical evidence also does not corroborate the subsequent allegations made by victim..........
Indian Penal Code, 1860, Section 325, 149 -- Offence u/s 325, 149 IPC - Accused convicted - Claiming party in sentence with other co-accused who were released on probation of good conduct - Parity claimed by accused is misconceived and cannot be granted to accused, as concession shown to other three accused was mainly on the ground of their extreme old age - Accused..........
Indian Penal Code, 1860, Section 325, 149 -- Offence u/s 325, 149 IPC - Reduction of sentence - Genesis of occurrence was on account of a dispute between parties over a right to have a drain in a passage - Victim suffered sole head injury caused by lathi - No specific role assigned to any of five accused - Prosecution failed to pinpoint the accused who caused head injury..........
Indian Penal Code, 1860, Section 341, 324, 147, 149, Evidence Act, 1872, Section 9 -- Unlawful assembly - Rioting - Test Identification Parade - Out of five accused, only one accused was recognized - No identification parade conducted to identify four assailants, who were not known to complainant and they were not identified when crime was committed - Crucial witness at..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Non recovery of fire arm - Eye witnesses stated that they saw accused inflicting gun fire injury - Corroborated by medical evidence - Non recovery of fire arm not fatal - Prosecution proved its case beyond reasonable doubt - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Evidence of eye witnesses about inflicting gun shot injury - Corroborated by medical evidence - Accused admitted existence of enmity between parties - Non recovery of weapon not fatal when accused was arrested after eight years - Accused rightly convicted...........
Indian Penal Code, 1860, Section 365, 342, 323, 467, 465, 147, 149, 506 -- Offence u/ss 365, 342, 323, 467, 465, 147, 149, 506 IPC - Quashing of FIR - Compromise - Dispute between parties amicably resolved by entering into compromise wherein complainant stated that he has no objection if FIR against petitioner is quashed - It is thus, a fit case where there is no legal..........
