Indian Penal Code, 1860, Section 147, 148, 149, 302, 506 -- Appeal against conviction - Weapon of offence not recovered - Discrepancy between version of FIR and statement of witnesses - In FIR no specific role assigned to any of the accused - No inimical relations between deceased and accused which may lead them to commit murder - Complete chain of evidence missing -..........
Indian Penal Code, 1860, Section 302, 149 -- Conviction of three appellants for offence of murder with help of S.149 IPC - Quarrel over accused's buffalo entering field of informant for grazing - Non appellant accused went to his house and came armed with rifle and appellants came armed with gun and spear - Non appellant accused fired four shots upon deceased and two shots..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Trial Judge held that accused 'R' was not present - Assembly consisted of our persons - Conviction with aid of S.149 IPC cannot be resorted to and accused would be liable for their individual acts...........
Indian Penal Code, 1860, Section 149, 300 -- Unlawful assembly and murder - Deceased stabbed with spear and coconut cutting knife - Brother-in-law who was accompanying deceased at that time fully supported prosecution case - Other two independent witnesses also supported prosecution case - Opinion of doctor that injuries caused by coconut cutting knife as well as spear -..........
Indian Penal Code, 1860, Section 302, 149, 148, 341, 304 Part I, 304 Part II -- Murder - Alteration of conviction - Lathis and axes used by appellants to beat deceased - Assaults made in course of quarrel - Doctor who conducted post-mortem found 34 injuries including several fracture injuries - Conviction by trial Court u/ss 302 r/w Ss.148, 149 and 341 - Fracture injuries..........
Indian Penal Code, 1860, Section 148, 149, 302, 304 Part II, 323, 325, 449 -- Mutual fight ensued between the parties - There was no common object - Ss.148 and 149 not attracted - Prosecution failed to establish charge u/ss 325, 323 and 449 IPC beyond reasonable doubt - Material contradictions in statements of prosecution witnesses - Conviction of 'K' altered from S.302 to..........
Indian Penal Code, 1860, Section 302, 323, 149 -- Five accused armed with lathis fitted with iron rings assaulted deceased who died on spot - Deceased was moving on a motor cycle with PW 1 - PW1 injured in the incident - Mere acquaintance or friendship with deceased by itself not a reason to discard evidence of eye witness - Doctor in post mortem report opined some..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 452, 323, 148, 149 -- Bail - No specific injury attributed to the petitioners - Main allegations against other accused who gave lathi blows on vital parts of the body of deceased - Bail granted...........
Indian Penal Code, 1860, Section 100, 88, 302, 148, 149 -- Murder - Self defence - Assault exceedingly vindictive and maliciously excessive - - Accused not entitled to right of private defence...........
Indian Penal Code, 1860, Section 100, 88, 302, 149, 148, 149 -- Murder - Self defence - Right of private defence is essentially one of defence or self protection and not a right of reprisal or punishment - It is subject to the restrictions indicated in S.88 which are so important as the right itself...........
