Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 24 -- Double murder case - Extra judicial confession - PWs 7 to 9 who supported prosecution case have not stated that accused was either their relative or a close acquaintance - They not even stated that they personally knew accused - Even, after extra judicial confession before PWs 7 to 9, they did..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Non-recovery of weapon of offence - Where testimony of injured witness is more believable and is consistent throughout, non-recovery of weapon used in the crime would not be of much importance...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Once firearm that too .12 Bore gun is used for causing on frontal part of injured, no doubt can be raised with respect to intention of accused i.e gunshot was fired to cause murder - Contention that injuries are simple in nature thus, no offence u/s 307 IPC is made out is baseless - Accused rightly convicted...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused is now 60 years of age - He actually undergone substantive sentence of 5 years, 1 month and 12 days by adding earned remission, out of total sentence of 7 years - No other case is pending against accused - Sentence reduced to period already undergone by him - However, remaining part..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused stabbed deceased with a double sided knife - Injuries disclosed by post mortem report and inquest report are consistent with deposition of PW1 and PW16 - Nature of complaint is thus, supported by evidence of PW1 and PW16 - Weapon of offence i.e knife recovered at the instance of accused and forensic report also..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Rashness implies the speed which is unwarranted - Whereas act of negligence involves not taking proper care and attention while driving...........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Evidence of PW1 not corroborated by any evidence - Neither I.O has prepared a map/rough sketch nor trial Court has taken pains in recording directions correctly in evidence - Police patil is not eye witness to the incident as evidence is only relevant to what he has seen after the incident..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
