Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 34 -- Extra judicial confession - Murder - Accused made extra judicial confession before PW2 and stated that he and one person committed murder of deceased - However, PW2 is not a man of authority before whom extra judicial confession was allegedly made by accused - More so, in case extra judicial..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Motive attributed to accused that deceased had illicit relations with Bhabhi of accused - This fact is brought for first time in statement of PW11 during trial - Said fact has neither mentioned in statement made before police nor in FIR - Motive of crime thus, not proved on record - More so,..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 32 -- Murder - Non-recording of dying declaration - There is no evidence on record to indicate that deceased had achieved degree of stable health which was good enough for her to have given a dying declaration - In such circumstances, non-recording of dying declaration of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Plea that prosecution case is liable to be disbelieved merely on account that no blood samples were taken from clothes of eye-witnesses - Plea held, not tenable as omission on part of investigation is not so material so as to be fatal to prosecution case in view of statements of eye-witnesses..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Contradictory statement of PW2 - Would not be so material a difference so as to discard prosecution case in view of specific and conclusive identification by both eye-witnesses to the incident with regard to identity of accused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 506, 148, 149, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 302, 506, 148, 149 IPC and S.25 Arms Act - No purpose would be served by holding the trial because role of petitioner is identical to role of acquitted accused - However, it cannot be denied that petitioner is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prior enmity - Eye witnesses categorically stated that accused fired gunshot and co-accused hit with a tangi on the right palm of deceased and other two accused (since dead) hit on head of deceased with stone - Neither any contradiction nor any inconsistency in statements of eye witnesses found on the material version..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - All accused came together armed with lethal weapons in their hands with an intention to attack persons working in field - Three persons including eyewitnesses managed to flee from field but deceased was caught hold and assaulted by accused and thus, died on the spot - Common intention u/s 34 IPC stood..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - PWs proved that deceased was last seen in the company of accused - However, nobody has seen deceased in the company of accused nearby place where his dead body was found in decomposed position - There is no evidence of murder or other unnatural death of deceased - Cause of..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 3, 25 -- Bail during pendency of appeal against conviction - Claim on the ground of parity - Murder - Co-accused granted bail, as he was above 80 years - However, present accused persons were carrying a double barrel gun and country made pistol respectively and..........
