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, 34, Arms Act, 1959, Section 27 -- Murder - Medical evidence - 15 injuries stated to be inflicted by three accused on body of deceased within a short span of 5 minutes - Inflicting 15 injuries on body of deceased by three accused would require a considerable amount of time, particularly when deceased being a normal healthy person..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of relative witnesses - PW3 and PW12/eye witnesses are children of deceased - However, PW11 is an unrelated witness and his testimony substantially supports evidence of PW3 and PW12 in all material particulars - PW3 and PW12 were immediately present at the spot and identified accused with various deadly..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Land dispute between brothers - Manner of occurrence and how incident was trigged not brought out in evidence of PWs - Accused assaulted his mother upon a quarrel - Pre-mediation on part of accused not established - Prosecution failed to establish genesis of occurrence, it has remained in realm of..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Identification of accused in dusk - Where parties were known to each other from before, therefore identification in dusk cannot be doubted...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Accused assaulted deceased when they were returning from market - Money dispute between parties is apparent from evidence of witnesses - Consistent evidence is on record of PWs 5, 7, 9 regarding identification of accused - One deceased died on the spot and other in the hospital - Common intention of accused..........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34 -- Murder - Recovery of mobile phone of PW7 - PW7 stated that his mobile was stolen or cheated - However, he never filed any complaint earlier - Even I.O not tried to have call details of mobile - Recovery held, doubtful...........
Criminal Procedure Code, 1973, Section 100(4), Indian Penal Code, 1860, Section 302, 392, 420, 201, 34 -- Recovery of jeep - Non-following of provision of S.100(4) Cr.P.C - Murder case - I.O received a secret information that one jeep is lying in abandoned condition - He recovered the jeep but I.O did not comply with provisions of S.100(4) Cr.P.C - Non-following of..........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of knife and rope - Recovery effected on disclosure statement of accused - PW4 and PW5 categorically stated in their deposition that recovery effected with the help of sniffer dogs - However, said fact is neither mentioned in FIR nor I.O in..........
