Indian Penal Code, 1860, Section 307, 452 -- Attempt to murder - House trespass - Prosecution evidence lacks credence on many counts - There are doubts qua weapon of offence, identification of accused and that it was accused who caused injury on neck of complainant etc. - Intensity of evidence which is required to convict accused is certainly lacking - Motive of accused to..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Circumstantial evidence - Accused had knowledge that in case the injuries are inflicted on person it may cause the death, even though injuries were simple in nature and not given by sharp edged weapon - However, cause of death as per doctor`s opinion was shock and haemorrhage due to injuries which..........
Indian Penal Code, 1860, Section 302, 323, 148, 147, Evidence Act, 1872, Section 27 -- Murder - Seizure memo and identification memo - Recovery of weapon of offence and identification of spot claimed to have been effected on basis of statements made by accused during their police custody - But no such statements in accordance with provisions of S.27 of Evidence Act..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained clothes of deceased and weapon of offence - Blood stained clothes of deceased and also blood stained `Katti' was recovered at the instance of accused from his house in presence of Panchas under memorandum - Same was sent to FSL - When weapon used for..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Eye witnesses stated entire sequence of events as contained in complaint which had led to incident having occurred in the house of A-3 - When accused and deceased were inside the house and in the circumstance death on the spot had occurred, death of deceased in the manner as contended by prosecution and spoken..........
Indian Penal Code, 1860, Section 302 -- Murder - Absconding of accused - No evidence on record to effect that accused was absent intentionally or ran away so as to evade his arrest - I.O did not state a single word about such conduct of accused - There is no eye witness supporting prosecution case - Evidence of recovery of weapon of offence is not sufficient to hold..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence of recovery of articles - Eye witness turned hostile and not supported prosecution case - Insofar as recovery of bamboo stick and shawl is concerned, FSL report not established blood stains over bamboo stick - Shawl recovered from accused is his own shawl and was..........
Indian Penal Code, 1860, Section 304 - - Culpable homicide not amounting to murder - PW not supported charge leveled against accused - Deceased was found alive by witnesses, none of them were reported by injured that it was accused who had inflicted such injuries on him - No evidence on record that weapon recovered was used by accused while committing offence and even same..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - No eye-witness - Land dispute - Depositions of prosecution witnesses which stood rigour of cross-examination clearly support prosecution version and establishes enmity between accused and deceased - Said fact supported by PW1's last seen evidence, her prompt complaint to police and forensic..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Recovery of weapon of offence - Lathi recovered from accused was not sent to FSL is immaterial, as evidence of recovery and FSL report would only be required to corroborate evidence of eye witnesses in case it is not wholly reliable - Since evidence of eye witnesses is wholly reliable, same would not require any..........
