Indian Penal Code, 1860, Section 302, 34, 307, Arms Act, 1959, Section 25, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - - Murder - Dispute as to identity of A-2 - Contradiction in the case of prosecution and sentence adduced in Court as to who fired gun shots - Recovery of weapons from accused is also not proved by..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Allegation against niece of deceased - Dying declaration of deceased was recorded by Naib Tehsildar - However, Naib Tehsildar did not satisfy himself about fitness of deceased to make a statement - No verification or certification of doctor regarding fitness of deceased to..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Oral dying declaration - Murder - Allegation against niece of deceased - Oral dying declaration of deceased recorded before PW2, PW3, PW4 and others - Said declaration is clearly an afterthought, inasmuch as same was brought up before trial Court for first time - PWs not made any statement relating to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased in her dying declaration stated that incident occurred due to quarrel going on between her and her husband and he threw burning stove on her - There is no evidence of any strained relations between accused and deceased - There cannot be any issue that when a person throws a burning stove on..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment - There was quarrel between father and daughter as to where bulb is to be put on - In sudden quarrel and in spur of moment, accused threw chimney lamp on his daughter - Occurrence was sudden and there was no premeditation - Chimney lamp was burning which accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Evidence of three eye witnesses not in consonance with facts stated in FIR and that of their statements recorded u/s 161 Cr.P.C - Had the eye witnesses actually witnessed the incident, there would not be any contradiction regarding manner of assault nor there would have been any conflict between..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of interested witnesses - Long standing land dispute between parties - Going by corroborative statements of interested witnesses, it is discernible that though they are related to each other and to deceased, their evidence cannot be discarded by simply labelling them as interested witnesses - Even, after..........
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..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Testimony of eye witnesses - Material PWs being sons of deceased specifically named accused as an assailant in their sworn statements and assigned them a specific role of giving lathi blows on head of deceased - They also alleged that co-accused was armed with an axe and he too inflicted blows thereof on head of..........
