Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - In first charge sheet and second charge sheet, trial Court awarded consecutive sentences and not concurrent sentences - Both cases were tried together - Conviction was recorded by one common judgment - Sentences were also recorded by one common order - High Court rightly concluded that sentences to run..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Conviction - Accused found guilty of two murders and sentenced to undergo 30 years of imprisonment with fine of Rs.3 Lakh - Appreciation of evidence - High Court after taking note of testimony of eye-witnesses recorded brief description of depositions of these witnesses - Furthermore, Court also taken note of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Murder - Conviction u/s 304(Part I) - Incident occurred at the spur of moment in heat of anger - Admittedly, accused was in drunken condition at the time of incident - Accused was upset with his father and when his father went to offer him food, he ran inside and picked up a knife with which he..........
Indian Penal Code, 1860, Section 302, 460 -- Murder - Major contradictions in statements of PWs - Prosecution strongly relied upon testimony of two child witnesses, which do not inspire confidence - Incident occurred on the terrace and it is quite surprising that no one interfered or came to place of occurrence until morning - Information regarding incident occurred at 2..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Double murder case - Circumstantial evidence - Confession - A-1 confessed to police regarding murder of two deceased and also led to police party to place where dead bodies of deceased were dumped - Identity of dead bodies not disputed - Medical evidence supported the ocular evidence - Merely..........
Evidence Act, 1872, Section 30, Indian Penal Code, 1860, Section 302 -- Confession of co-accused - Double murder case - No substantial evidence on record to prove involvement of A-2 and A-3 in crime - A-2 and A-3 cannot be convicted solely on the basis of confession of co-accused - A-2 and A-3 acquitted...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred in sudden fight between deceased and accused party after wordy quarrel - Accused inflicted farsi blow on the head of deceased - There was no premeditation - Only one injury caused to deceased, which indicates that accused has not taken any undue advantage of deceased - Manner of occurrence..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Finding of High Court based on appreciation of evidence that it was accused alone and no one else who fired a bullet from his revolver within a short range to deceased which caused his death immediately after the incident - Prosecution thus, able to prove its case beyond..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Sentence - Accused has undergone more than 14 years of jail sentence and he is still in Jail undergoing his sentence - He is thus, eligible for his release by State in terms of Rules in accordance with law depending upon a case made out by him - Liberty granted to accused to..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 34 -- Test Identification Parade (TIP) - Murder - TIP of accused conducted after 5 days from the incident - No explanation given for such delay - A-3 not identified during TIP - However, A-3 was identified in Court - This itself raises doubt about genuineness of TIP proceedings as well as dock..........
