Indian Penal Code, 1860, Section 394, 302, 460, 34 -- Robbery and murder - Criminal conspiracy - Testimony of PW5 - PW5 overheard conversation between all accused about criminal conspiracy - However, PW5 has not taken the name of present accused - Accused is not mentioned as one of persons who used to visit deceased's father though three of other accused were named - No..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27, Criminal Procedure Code, 1973, Section 157 -- Non-compliance of S.157 Cr.P.C. - Murder - Eye witnesses correctly identified accused and also narrated motive, which would be a corroborative factor - Clothes worn by eye witnesses were seized and as per chemical examination report presence of human blood..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Murder had taken place in a residential locality and deceased was a well known person and a local politician - Presence of huge crowd assembled at the spot - Field unit was stayed at the spot after the incident - Lapse on part of field unit in no, mentioning name of deceased would not justify..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Claim of parity - Co-accused acquitted, as he used a local fire arm but police had not recovered empty cartridges or pellets from spot - Post mortem also does not refer to any pellet injuries - He was given a benefit of doubt - Accused not entitled to same benefit and thus rightly convicted...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 147, 148, 149, 506, 120B -- Summoning of additional accused - Murder - PW1 clearly, unequivocally and emphatically stated that petitioners have also attacked deceased with lethal weapons and caused injuries to him and killed him - More than a prima facie case, a strong case is made out..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by burning - Accused made confessional statement before CJM that it was he who lit his wife with a help of lighter from her ankle - Said statement of accused is corroborated by evidence of PWs and not retracted by accused - Post mortem report also corroborates the fact that deceased suffered first..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Three accused attacked deceased with exhorting to kill one `A' - They had grappled deceased and inflicted multiple injuries on him with knife - There was prior meeting of minds of all four convicts and all three accused had common intention - Delay in registering FIR has been properly explained - Mere fact that eye..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Demand of dowry - Quashing of charges - Allegation against father-in-law and brother-in-law - Petitioners were living separately from deceased - However, merely on said ground their involvement in the case cannot be discarded particularly when family members of..........
Indian Penal Code, 1860, Section 302, 304(Part II), 307, 308 -- Nature of offence - Accused aimed gun towards roof and then fired in marriage ceremony - Though, it was an unfortunate case of mis-firing but accused cannot absolve himself of conclusion that he carried a loaded gun at a crowded place where his own guests had gathered to attend marriage ceremony - Accused..........
