Indian Penal Code, 1860, Section 302, 149 -- Tripple murder case - Evidence of eye witnesses is trustworthy and reliable - No material is brought on record to discredit their version - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 149 -- Triple murder case - Sentence - Accused was only 20 years of age at the time of commission of offence - He has undergone an actual sentence for a period of about 15 years and 3 months - Accused was not involved in any other case - Incident occurred in a very brutal manner committed by a group of accused who were armed with..........
Indian Penal Code, 1860, Section 302, 325, 34, 149 -- Murder - Testimony of two injured/eye witnesses - Serious doubt as to whether PW1 and PW2 had really seen the accused assaulting deceased with the blunt edge of spade - Prior enmity between these two eye witnesses and accused - Three independent eye witnesses whose statements were recorded not examined by prosecution -..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of child witness - Identification of accused - PW3 got confused while identifying at least two accused though five accused whom she allegedly named were made to stand separately from remaining accused - Version of PW3 does not inspire confidence - Accused cannot be convicted on basis of such testimony,..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Recovery of weapons of assault - Name of assailants of deceased not established in Court beyond a reasonable doubt - Conviction of accused cannot be based on only evidence of recovery of weapons of assault - Accused acquitted...........
Indian Penal Code, 1860, Section 323, 325, 307, 148, 149 -- Offence u/ss 323, 325, 307, 148, 149 IPC - Free fight between parties - Dispute between parties was with regard to use of passage - Nothing on record that accused were stated to be aggressors or they had gone to place of incident with their pre determined mind - In the fight normal agricultural implements were..........
Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - None of the eye witnesses stated that all accused persons had come with a common object of committing murder and assaulting injured PW2 - It is also not stated by any of the eye witnesses that there were any utterances by one or many or all the accused that they must eliminate the deceased and cause injuries to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Indian Penal Code, 1860, Section 148, 149, 364A -- Nature of offence - S.363 of IPC punishes the act of kidnapping and S.364 thereof punishes the offence of kidnapping or abduction of a person in order to murder him - S.364A further adds to the gravity of the offence by involving an instance of coercive violence or substantial threat thereof, to make a demand for ransom -..........
