Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Non-examination of independent witness - Entire case of prosecution cannot be discarded merely on the ground of absence of independent witness, as long as evidence of eye witness, though interested is trustworthy...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Discrepancies in the evidence of eye witness - Evidence of PW1, an eye witness, who lost his three sons in fateful incident was consistent and there is no major deviations or discrepancies in his evidence - Any minor discrepancies in the evidence of PW1 due to long gap between the date of..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Death sentence - Trial Court awarded death sentence to accused on the ground that accused were guilty of committing cruel and heinous offence - Reasoning given by trial Court, does not convince that case comes under the rarest of rare category, which warrants penalty of death sentence -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 148, 149, 506, 324, 326, 201 -- Anticipatory bail - Murder case - Main accused already in custody - No direct role/injuries attributed to present petitioners - Petitioners who all are ladies are stated to be part of conspiracy and carrying danda and brick bats - At the initial stage..........
Indian Penal Code, 1860, Section 302, 341, 143, 147, 148, 149, 109, 120B -- Murder - Appeal against acquittal - Acquittal upheld viz. (i) Material alterations in testimonies of eye witnesses; (ii) attesting witnesses to the recovery of articles, like weapons, clothes, etc. turned hostile; (iii) Recovery of mobile phone is relied in evidence, however, no evidence was..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 143, 147, 149, 341, 427, 448, 120(b) -- Sanction for prosecution - Offence u/ss 143, 147, 149, 341, 427, 448, 120(b) IPC - Main object of unlawful assembly or hatching criminal conspiracy was to restrain petitioner from entering in the shop premises and then to evict him therefrom - Offence..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - For the purpose of invoking S.149 IPC, it is not necessary that there must be specific overt act played by each member of unlawful assembly in the commission of an offence - What is required to be shown is the participation as a member in pursuance of a common object of assembly or being a member..........
Indian Penal Code, 1860, Section 302, 326, 341, 147, 148, 149 -- Murder - Unlawful assembly - Conviction cannot be set aside merely on the grounds that some of weapons were not recovered, expert opinion relating to blood stain and no, examination of some of witnesses, when the offence against accused were otherwise proved by eye witnesses and medical evidence...........
Indian Penal Code, 1860, Section 302, 326, 341, 147, 148, 149 -- Murder - Unlawful assembly - Common object - Eye witnesses to the occurrence cumulatively stated the specific role played by each one of five accused - All five accused ran away from the spot after causing severe injuries to deceased and injured witnesses - Motive for offence which resulted assault on..........
Indian Penal Code, 1860, Section 326, 506, 149 -- Offence u/ss 326, 506, 149 IPC - Specific role assigned to each accused, which is corroborated by statements of injured and medical evidence - Case against accused is fully established as there is specificity of name, injury attributed to accused and weapon used in crime - Weapons of offence were got recovered by accused -..........
