Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal by High Court - Considering the normal human conduct of taking deceased to hospital and other relations, delay of 2 hours in filing FIR is not inordinate - Witnesses are not independent and are related to deceased is no ground to discard their evidence -..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Delay in recording statement of witness by the investigator - Effect - Statement recorded after 25 days of incident - Witness had gone to attend the marriage and when he returned, statement was recorded by the police - No question was put to the investigating officer regarding this fact - Held, delay in recording..........
Related witnesses -- Not a ground to discard evidence of a witness on this ground - When there is an allegation of interestedness then the same has to be established...........
Witness -- Mere non-mention of the names of the assailants or the nature of the weapon in the inquest report, cannot be a ground to discard the evidentiary value of a witness...........
Eye witness -- Name not mentioned in FIR - One PW went to the police station to lodge FIR - Services of PW3 and others must have been taken for the purpose of shifting the deceased and injured to the hospital - Non mentioning of name of PW3 in FIR is not by itself sufficient to discard his evidence...........
Witness -- Discrepancies - Few discrepancies of trivial and minor nature cannot be a reason to discard evidence of a witness...........
Indian Penal Code, 1860, Section 302 -- Acquittal by High Court - Conclusions of High Court full of surmises and conjectures - No serious attempt made to analyse the evidence - FIR lodged promptly and accused specifically named therein - Medical evidence not at variance with ocular evidence - Hypothetical reason given by High Court regarding holding the deceased by accused..........
Indian Penal Code, 1860, Section 302, 148, 149, 326, Explosives Act, 1884, Section 9 -- Conviction by trial Court - Acquittal by High Court - Trial Court held evidence cogent and credible after referring to various aspects of the case - It was not open to High Court to discard evidence by observing in very generized terms that evidence lacks credibility and cogency -..........
Indian Penal Code, 1860, Section 302 -- Conviction - Accused 7 in number armed with various weapons attacked a person and caused his death - FIR lodged immediately - No villager deposed in favour of either of the parties as there was long standing enmity between two branches of the same family - If witnesses are not independent, that is no ground to discard the prosecution..........
Indian Penal Code, 1860, Section 207, 324, 304 (Part II) -- Arms Act, 1959, S.25 - Weapon of offence - Rifle of .302 bore sent to Ballistic Expert whereas rifle of .315 bore was used in the commission of offence - The discrepancy and inconsistency in regard to the use and recovery of weapon of offence from the possession of accused is very vital to discard the truthfulness..........
