Indian Penal Code, 1860, Section 307 -- Attempt to murder - To attract offence u/s 307 IPC, there must be proof of an intention to cause death...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - No evidence on record to show that husband was available on the night when death occurred - Husband had a plausible explanation that he was on duty when death of his wife occurred - It was husband who first intimated police about sudden and unnatural death of his wife - Relatives of deceased having come to..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of witnesses - Presence of eye witness at the spot is wholly impractical, conduct inconsistent and against the normal human behaviour - Last seen witness had known the deceased earlier, however, he had given his statement to Police u/s 161 Cr.P.C after 17 days of incident - This again casts doubt upon veracity of..........
Indian Penal Code, 1860, Section 302 -- Murder - Merely on the basis of recovery at the site of incident of a wheel spanner, which according to prosecution has fingerprints of appellant on it and three pairs of slippers would not be enough for holding appellant guilty of having caused the death of deceased - Appellant acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular witnesses injured in the same transaction, spoke of a blow on head of deceased their grandfather - Mere fact that PW2 and PW3 did not speak of a reverse hit by an axe in S.161 Cr.P.C statement cannot lead to their testimony of overt act being disbelieved - Embellishment even if ignored, overt act stands..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular testimony of witnesses - Accused came with deadly weapons to house of victims and altercation and fight caused between parties - Overt acts of accused inflicting injuries on various parts of body of deceased and victims, totally corroborated by medical evidence - Fatal injury caused on deceased was by a..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of 12 bore country made pistol from appellant `A' - No bullet was recovered from body of deceased though there is no evidence of any exit wound - Further, doctor candidly admitted to the effect that what was initially stated by him to be a gunshot wound was actually caused by a stabbing weapon - In consequence,..........
Indian Penal Code, 1860, Section 307, 323, 324, 149 -- Attempt to murder - Reduction of sentence - Incident occurred in the year 1996 - Appellants have undergone a considerable period of incarceration out of total sentence of 7 years R.I. and have also suffered mental agony and trauma of protracted trial - Sentence reduced to period already undergone by appellants -..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Appellant was not named in FIR and his name came into light on the basis of statements of witnesses - There are discrepancies in the evidence of eye witnesses - Sim number on basis of which location and movement of appellant was alleged to have been established near crime scene, does not belong to appellant -..........
