Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1)(a), 27 -- Attempt to murder - Investigation of the case made by Subordinate Officer to complainant not proper and thus, not relied upon - No independent witness of recovery and arrest of accused - There was thus, no fair investigation of case - No reliable and cogent evidence on record against accused -..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 392 -- Extra-judicial confession - Murder case - PW2 stated that accused confessed before PW1 and who in turn told about the same to him - Information received by PW2 from PW1 about extra-judicial confession made by accused is thus, hearsay - Such hearsay evidence of PW2 relating to so called confession..........
Evidence Act, 1872, Section 30, Indian Penal Code, 1860, Section 302, 392 -- Confession of co-accused - Murder case - Accused cannot be convicted solely on the basis of extra-judicial confessional statements of co-accused, which were not corroborated by cogent and reliable evidence...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 392 -- Recovery of rope - Murder case - Accused cannot be convicted on the basis of recovery of rope which was used for committing the offence in the absence of any link of rope with crime, as it is a common material or thing which is available anywhere in market or at every household - Accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Co-accused absconded - Merely because whereabouts of co-accused who was accompanying accused was not traceable, trial of accused on this score will not vitiate nor impugned order of conviction and sentence set aside on this score...........
Indian Penal Code, 1860, Section 302 -- Murder - Contradiction in statement of PWs as to actual time of reaching at place of occurrence - Incident is of year 2009, witnesses have been examined in the years 2011 and 2012 - There is thus, chance of error of memory due to lapse of time or due to mental ability of witness concerned - Moreover, contradictions elicited on behalf..........
Indian Penal Code, 1860, Section 302 -- Murder - Death of deceased occurred due to ante mortem injuries found on his body - Presence of witnesses at the place of occurrence is most natural, as they are neighbours - Prosecution proved the date, time and place of occurrence beyond reasonable doubt - PWs saw accused along with his companion at place of occurrence in light of..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Benefit of doubt - No evidence to show that accused were last seen in company of deceased immediately prior to their death - No circumstance of motive for commission of offence established - Recovery of scooter used to carry dead bodies, shrouded in mystery - All PWs turned hostile - FSL..........
Indian Penal Code, 1860, Section 420, 468, 471 -- Forgery - Appeal against acquittal - Original suit filed for possession by `B' through `A' as attorney - But during the pendency of appeal, B died - Thereafter `A' moved an application for impleading himself as legal representative and the same was allowed - Though it was for limited purpose of deciding the appeal, however,..........
Indian Penal Code, 1860, Section 308, 324 -- Nature of offence - Dispute between grandson of injured and son of accused and subsequently quarrel took place between PW1 and wife of accused `B' - In such circumstances accused `B' had sufficient motive to call other accused - Evidence on record proves that upon exhortation by accused `B' other accused `N' caused injuries to..........
