Indian Penal Code, 1860, Section 302, 341, 147, 148, Arms Act, 1959, Section 25, 27 -- Murder - Prosecution case is that only co-accused `G' has fired at the deceased - Respondents have been attributed no specific injury whatsoever - Allegations of having caught hold of deceased or raising of lalkaras are easy to level and are usually done so as to knit a wider net to..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Main allegation of causing injury by lathi is against accused who already died during the course of trial - Only allegation against A-2 to A-4 is that they had thrown pieces of bricks on the injured persons - Material contradictions in the evidence of PWs regarding genesis and manner of occurrence -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1 stated that last seen witnesses disclosed the incident to him after 18 days of incident - Whereas last seen witnesses stated that incident and the facts relating thereto were told to PW1 by them on the next day of incident - Contradiction in the version of last seen..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - FIR lodged after delay of nearly 16 days in disclosing facts of incident to I.O raises a doubt upon credibility of eye witnesses - Neither motive is convincing nor alleged instance occurred four months prior to the incident, giving rise to the motive, can be read or relied upon against the..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Previous enmity between parties regarding land - Appellants were in possession of land in question - Weapons used in the crime by appellants are axe and sticks which are commonly used by agriculturists - No material on record to show that there is any premeditation - Possibility of offence being..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 354, 114, 34, Arms Act, 1959, Section 25 -- Fourth bail application - Murder - Earlier bail applications were dismissed as withdrawn - All the private PWs stand examined after dismissal of last bail petition - Petitioner has suffered incarceration for about 2 years 7 months and 20..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Sudden and grave provocation - Merely by asking appellant to wait for some time to serve food as it was under process does not indicate that there was any kind of grave and sudden provocation caused by deceased to appellant - Conviction upheld...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Sole child eye witness aged 13 years at time of deposition - Nothing brought out in cross-examination to disbelieve evidence of child witness and there was also no reason for child witness to depose falsehood against appellant, who is none else than her father - Conviction..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Credibility of minor eye witness testimony - If evidence of solitary eye witness is clear, cogent, trustworthy and above board, same can be acted upon - Evidence given by minor remained same during cross examination and is getting corroboration from other evidence - Conviction..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Motive - Prosecution has enough evidence to hold that accused had the clear motive to eliminate deceased - An illicit/incestuous relationship between A-1 and A-2 had become known to deceased and her family and she had become a stumbling block in the relationship which swelled the common..........
