Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Disclosure statement - Recovery of tip of knife - Tip of knife which was recovered on disclosure statement of accused was broken and it was not pointed but blunt - Whether type of stab and incised wound found on body of deceased could have been inflicted by a knife with a broken tip, is..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of PW1 and PW11 - PW1 and PW11 are brothers of deceased, who are alleged to be eye witness of incident - Accused were only armed with hockey sticks and a knife not with any fire arms - However, unnatural conduct of PW1 and PW11 during and after the incident is extremely doubtful, as..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25 -- Murder - Eye witness/PW10 to the incident though stated that he saw accused assaulting deceased but said statement of PW10 not find place in his diary statement - Not even a whisper is there in his diary statement that incident took place in his presence - Improvement resorted to by PW10 and..........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Deceased died due to stab wound caused on his back side with intention of causing death - Medical & ocular evidence shows that knife was actually used to cause serious injuries to deceased - Recovery of live bullets and one spent cartridge corroborates that fire-arm was also used -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - FIR shows that three persons committed the murder whereas PW2, PW3 and I.O. stated that four persons committed murder - Contradictions in the statements of PWs regarding date, time and place of arrest of accused persons - Murder committed by cutting throat of deceased..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 4, 25 -- Murder - Circumstantial evidence - Last seen theory - There is no clinching circumstance which reveal that deceased remained with accused at the night of incidence - Theory of last seen does not inspire confidence - Confession made by accused to police officer is not admissible in view of S.25 of..........
Indian Penal Code, 1860, Section 392, 397, Arms Act, 1959, Section 25 -- Robbery - Robbed article i.e mobile phone was not recovered from possession of accused - Complainant did not state if present accused after snatching mobile from him had handed over it to associate on motorcycle - PWs gave divergent statements regarding recovery of knife - No other public person..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of 13 years old girl - Accused inflicted injuries to deceased and twisted her neck which led to her instant death - Two eye witnesses, mother and uncle of deceased, supported prosecution case - Merely because these two witnesses are interested witnesses their testimony cannot be discarded -..........
Arms Act, 1959, Section 25, Indian Penal Code, 1860, Section 389, 402 -- Recovery of spring actuated knife during investigation of main case - Same PWs, who have been examined in present case, have deposed in the main case - PWs not believed in main case - Appellant cannot be convicted in offence under Arms Act which was part of same transaction...........
Arms Act, 1959, Section 25 -- Recovery of spring actuated knife - Neither any sanction to prosecute appellant u/s.25 of the Arms Act has been obtained from District Magistrate nor proved by prosecution - Appellant acquitted...........
