Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Merely because the IOs spoke of such statements having been made by the witnesses during investigation, does not give them any credibility, enabling acceptance, unless the witnesses themselves spoke of such motive or acts of commission or..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Conviction on the basis of statement made u/S. 161 Cr.P.C - Merely because the story come out of the mouth of IO, it cannot be believed and a legal sanctity given to it, higher than that provided to S.161 statements u/s 162 Cr.P.C...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Witness turned hostile - Conviction - As per record, no discovery of fact made on the basis of confession of A1 regarding place of conspiracy and transaction of money - Further, the clothes and machetes allegedly worn by A5& A6 were recovered based on confession statement of A3 the..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused, creates a doubt as to whether prosecution has brought on record real genesis of incident - Such non-explanation, however is a factor which is to be taken into account in judging veracity of PWs and Court has to scrutinize evidence with care...........
Indian Penal Code, 1860, Section 302, 307, 34, 100 -- Murder - Right of private defence - Incident took place in front of house of appellant when PW2/injured eye witness was returning from Talab after washing his body - As appellants saw accused `D' being assaulted, they in exercise of their right of private defence assaulted PW2 and all others who intervened - Therefore,..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused - Accused had received injuries on their body but no cross FIR was lodged by them - They got themselves medically examined after five days of incident - However, all the injured accused were medically examined by Government Doctor - Said injury reports were neither..........
Indian Penal Code, 1860, Section 302, 328, 34 -- Murder - Circumstantial evidence - Allegation that accused persons administered poisonous laddus to children - However, no one has seen accused having given poison in their presence or mixing poison with laddus that they have given to children - Alleged eye witness PW7 turned hostile - Chemical examination report indicate..........
Indian Penal Code, 1860, Section 302, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(i), 4 -- Conviction - Police is empowered to register FIR only in cases where some informant comes forward and provides information regarding the commission of a cognizable offence to the police - The extra-judicial confessions and evidence..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Criminal conspiracy - Accused has been roped in commission of offence with aid of S.120-B IPC - However, same has not been proved by leading any cogent evidence - Most important witnesses `P' in whose house conspiracy is alleged to have been hatched is not a prosecution witness - There is no other independent witness..........
