Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Death sentence - Accused after committed murder of four members of one family threw them in a canal - High Court after carefully drawing balance sheet of aggravating and mitigating circumstances, deemed it appropriate that case does not fall amongst exceptional category..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Injuries on the person of accused - Non explanation - Not even an iota of evidence which could even remotely prove and establish how accused persons sustained injuries - Non expalanton how accused persons sustained injuries..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Prosecution case full of contradictions and discrepancies - True version of occurrence not given by prosecution witnesses - Testimonies of PWs 1 to 5 not in consonance with each other and suffer from discrepancies and contradictions and they create a doubt..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Unlawful assembly - Inconsistencies found in testimonies of PWs regarding role of accused in commission of crime - Involvement of accused as a member of unlawful assembly is doubtful - FIR lodged after delay of 4 days - Accused roped in the crime, due to inimical relationship between parties which clearly emanates..........
Indian Penal Code, 1860, Section 302, 342, 323, 147, 148, 149 -- Murder - Eye witness/PW2 not named any of accused in FIR whereas, in his statement in Court, names of accused did occur in his testimony - However, PW2 did not attribute any overt act to accused - Other eye witnesses also did not name any of accused - Evidence of PW4 though indicate some role but that part of..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of five accused in attack is proved on record - Acquittal of accused u/s 147 IPC though irregular, will not vitiate conviction u/ss 302, 149 IPC...........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135 -- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not..........
Indian Penal Code, 1860, Section 304(Part II), 324, 341, 147, 148, 149 -- Offence u/ss 304(Part II), 324, 341, 147, 148, 149 IPC - Fifteen named accused and some unnamed accused were mentioned in complaint itself - However, no motive alleged in the complaint - No independent witnesses examined apart from injured witnesses to prove prosecution case - Even injured witnesses..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of A-1 and A-2 at the time of incident established and proved beyond doubt - Role attributed to them also proved and established by prosecution by leading cogent evidence - Testimony of eye witnesses fully supports prosecution case - Defence propounded by these accused rightly discarded by Courts below..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Role of A-5, A-6 and A-7 in commission of crime - Prosecution failed to prove beyond doubt that A-5 fired from his firearm, which missed as alleged - No evidence on record in the form of recovery of weapon or even missed bullet - A-5 thus, entitled to be acquitted on ground of benefit of doubt - So far as A-6 and..........
