Indian Penal Code, 1860, Section 302, 450, 34 -- Murder - Identification of accused - Appellant was total stranger to two eye witnesses PW-1 and PW-2 - There is no description of appellant in the FIR except that his name is mentioned - PW-19, who apprehended the appellant, had also failed to explain how he came to apprehend the appellant without any information regarding..........
Indian Penal Code, 1860, Section 376, 354, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 9(i), 9(n) -- Rape of minor girls by their biological father - Minor victims had given a history of sexual assault to PW12 but not of penetrative sexual assault - There is no injuries on their person or genital, on their examination by doctor - Offence u/ss 376..........
Indian Penal Code, 1860, Section 302, 201, 449, 404, 201, 34 -- Murder - Identification of accused - PW-1 and PW-5 who identified appellant in Court were not known to him - Appellant was a stranger to both of them, as they had seen the appellant first time when he was wearing a monkey cap - No explanation given by prosecution as to why TIP was not conducted which was a..........
Indian Penal Code, 1860, Section 302 -- Murder - Death caused by a single stab wound can also be considered murder if requirements of S.300, IPC are fulfilled...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Appellant and other co-accused had reached the place of occurrence with premeditated intention to cause hurt to victim, which can be seen from the fact that they formed an unlawful assembly armed with deadly weapons with common intention to attack victim and thereby put an end to the movement triggered by him..........
Indian Penal Code, 1860, Section 302, 143, 147, 148 -- Murder - Unlawful assembly - Testimony of eye witnesses - PW1 and PW2 have spoken in one common voice that appellant was the one who stabbed the victim and that he succumbed to the injury caused by such stab - Medical evidence does support version of PW1 and PW2 - None of the discrepancies in the statements of PW1 and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - PW19 who claims that deceased made an extra-judicial confession before him though declared hostile however prosecution relied upon a part of his testimony - Appellant had worked in PW19's shop only for five months and appellant was otherwise not known to PW-19 -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - PW24 stated that after he heard that his friend/deceased was injured, he rushed to the site and found that deceased was fully covered in blood, and he disclosed that appellant was the author of injuries - However, in the cross-examination, he denied having made such a..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Eye witnesses declared hostile - There is nothing in the evidence which could be relied upon by prosecution for connecting appellant with the murder of deceased - Appellant acquitted...........
Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - Prosecutrix herself stated that at one point of time family members of two had met to discuss about their marriage but nothing final could be reached regarding their marriage - It was only thereafter that FIR was lodged and that too after two years from the alleged incident which itself is suggestive of consensual..........
