Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Testimony of two eye witnesses - Version of two eye witnesses with regard to injuries caused by fire arms and sharp edged weapons find corroboration from medical report - Though there are some minor variations and contradictions in statement of two witnesses, especially PW2 - PW2 may have improved his version..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - PW2, only eye witness to the incident stated that vehicle was not driven at a speed - Prosecution not stated that vehicle in question was being driven on a public road - Even story of prosecution of rashness also becomes doubtful - However, post mortem report of deceased shows that..........
Indian Penal Code, 1860, Section 354, 511, 376 -- Offence u/ss 354, 511, 376 IPC - Accused forcibly entered the house of prosecutrix in a drunken state and using criminal force lifted her petticoat despite her repeated resistance - Statement of prosecutrix was corroborated by her daughter, who is an eye witness to incident, husband of prosecutrix and independent witness -..........
Evidence Act, 1872, Section 3 -- Evidence of eye-witness - Minor discrepancies - Are immaterial...........
Evidence Act, 1872, Section 3 -- Testimonies of eye-witness - Related to each other - Cannot be rejected merely because the witnesses are related to the deceased - However, there testimonies have to be carefully analysed and if the same are cogent and if there is no discrepancy, the same are acceptable...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witness - Improbabilities and inconsistencies were found in testimony of eye witness Viz. : (i) Doubt regarding availability of light at the spot, as eye witness stated that he was carrying a torch but he improved his version by saying that it was moonlit night, however, scientific evidence on..........
Indian Penal Code, 1860, Section 302, 294(b), 147, 149 -- Murder - Prior enmity between parties with regard to property - Deceased was allegedly attacked by accused with hands and legs - PW2 eye witness did not support prosecution case - Post mortem certificate of deceased shows that deceased died due to heart attack - Manipulations done in FIR - Delay in registering FIR..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness - Eye witness clearly stated that accused were not the assailants - Scientific evidence also absolutely vague - Motive of murder also not present - Accused acquitted...........
