Indian Penal Code, 1860, Section 307 -- Attempt to murder - Question of intention to kill or knowledge of death in terms of S.307 IPC is a question of fact and not one of law...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Intention may not always be proved by hard evidence and instead may be required to be inferred from facts and circumstances of the case...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Single person cannot be convicted u/s 396 IPC - Since no material on record that five persons actually participated in the offence, offence u/s 396 IPC is not made out - Appellant acquitted...........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Non-examination of natural witnesses and many other neighbours who admittedly came out of their houses to witness the offence, coupled with the fact that projected eye witnesses failed to explain their presence at the place of occurrence, renders the entire version of prosecution improbable and..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Testimonies of eye witnesses - Natural presence of eye witnesses at the place of occurrence is under serious doubt, as naturally present public persons were not examined as witnesses - Conduct of eye witnesses also appears to be unnatural considering that they were all relatives of deceased - Evidence..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Post mortem report indicates that death of deceased was unnatural and commission of murder cannot be ruled out - But there is no direct evidence on record to prove the commission of murder by appellants - Link of causation between appellants and alleged offence is conspicuously missing -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Injuries sustained by deceased were proved to be caused by appellants - Possibility of offence being committed by appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out - There is nothing on record to show that appellants have taken undue..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Deceased gave three versions of incident - Version of first dying declaration was that she voluntarily poured kerosene on herself and set her on fire and in middle portion of the same statement, deceased has deposed that, while she poured the kerosene on herself,..........
Indian Penal Code, 1860, Section 420, Passport Act, 1967, Section 12(2) -- Cheating - Prosecution failed to place any evidence to prove that appellant had prior information of A-1 was already possessing a passport or knowingly had furnished false information to the passport authorities that after knowing that A-1 had possessed or holding a passport was applying for second..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Testimony of informant remained undemolished in the cross examination on the factum of incidence and is corroborated u/s 157 of Evidence Act by his fardbeyan recorded by police on the same day - There is no material to remotely suggest that informant had any reason to falsely implicate appellant -..........
