Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Death due to gun shot injury - Previous enmity - Accused persons armed with weapons went to complainant's place and caused injuries to complainant party, which shows their intention to commit murder - Moreover, when gun is used and person who fires the gun must be presumed to have knowledge and intention that..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Death due to gun shot injury - Reduction of sentence - Accused contended that occurrence was of the year 1974 and he is 90 years old now and sending him to prison at this distant point of time would be harsh - Contention rejected, as in the occurrence two persons died and number of others were injured, thus..........
Indian Penal Code, 1860, Section 302, 323, 324, 148, 149 -- Murder - Eye witnesses - All eye witnesses consistent about occurrence - Testimony of eye witnesses credible and trustworthy as it is corroborated by medical evidence - Evidence of injured witnesses cannot be disbelieved and their presence at the scene of occurrence cannot be doubted - Presence of accused `R' at..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Triple murder case - Non-examination of independent witnesses - Three murders committed simultaneously one after another - It appears natural that people of village might have been terrified and they could not gather the courage to be a witness of incident - This conduct appears to be natural - Non-examination of..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Triple murder case - Non-examination of injured witness - Incident took place inside the house - Inmates of house were the most natural witnesses as their presence in the house was natural - Injured witness was not a member of that family - How she could have gathered courage to depose against accused persons..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Triple murder case - Interested witnesses - Appreciation of evidence - Accused allegedly assaulted deceased persons by fire arms and sharp edged weapons - Incident occurred inside the house of complainant so the inmates of house are most natural witnesses - Complete consistency in the statement of interested..........
Indian Penal Code, 1860, Section 324, 325, 148, 149 -- Delay of 11 days in lodging FIR - No satisfactorily explanation for such inordinate delay - Unreasonable and undue delay of filing FIR can throw a cloud of suspicion on deeds of prosecution case - Testimony of complainant was wholly inconsistent and replete with contradictions - High Court committed grave error by..........
Indian Penal Code, 1860, Section 304(Part II), 148, 149, 54 -- Culpable homicide not amounting to murder - Award of compensation - Reduction of sentence from 7 years to period already undergone - Challenge as to - More than 22 years have elapsed from date of incident - Since in case of homicidal death, monetary benefits cannot be equated with life of person - Main object..........
Indian Penal Code, 1860, Section 302, 149, 148, 147 -- Murder - Unlawful assembly - Dying declaration - Deceased made two dying declarations and both of these declarations are consistent and stating name of respondents and role played by them in surrounding deceased and giving cries that he be beaten and should not be left - It was a crime which was committed by all of..........
Indian Penal Code, 1860, Section 302, 149, 148, 147 -- Murder - Unlawful assembly - Deceased set on fire by two accused and when he started burning all the present respondents surrounded him so that he would not escape and assaulted him by throwing burning tyre upon him and also assaulted him by sword - Post mortem report clearly shows an incised injury in the back..........
