Indian Penal Code, 1860, Section 302, 325, 34, 149 -- Murder - Testimony of two injured/eye witnesses - Serious doubt as to whether PW1 and PW2 had really seen the accused assaulting deceased with the blunt edge of spade - Prior enmity between these two eye witnesses and accused - Three independent eye witnesses whose statements were recorded not examined by prosecution -..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of child witness - Identification of accused - PW3 got confused while identifying at least two accused though five accused whom she allegedly named were made to stand separately from remaining accused - Version of PW3 does not inspire confidence - Accused cannot be convicted on basis of such testimony,..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Recovery of weapons of assault - Name of assailants of deceased not established in Court beyond a reasonable doubt - Conviction of accused cannot be based on only evidence of recovery of weapons of assault - Accused acquitted...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Weapon used is a scissor which is not a normal weapon of offence in case there is any intention to cause death...........
Indian Penal Code, 1860, Section 307, 326, 341, 506B -- Attempt to murder - Kind of weapon used in the offence i.e small scissors will not fall within S.307 IPC - There is no pre-planned act as per fight on record - PW6, PW7 and PW8 were declared hostile - As per injury report there was a scratch below neck, incised wound on left thigh and a small cut below ribs - Offence..........
Indian Penal Code, 1860, Section 323, 325, 307, 148, 149 -- Offence u/ss 323, 325, 307, 148, 149 IPC - Free fight between parties - Dispute between parties was with regard to use of passage - Nothing on record that accused were stated to be aggressors or they had gone to place of incident with their pre determined mind - In the fight normal agricultural implements were..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the house of PW1 when only accused and deceased were there - Accused used the spade which was very much available in the house of PW1 - No evidence to establish that accused had any motive to commit murder of her own father - Prosecution has utterly failed to establish that act..........
Ranbir Penal Code, 1989, Section 499 -- Defamation - Quashing of complaint - Accused in the capacity as Senior Office bearer has reported allotment of various construction contracts by Works Minister claimed by complainant to be referring to him without tenders or following procedure of Rules and regulations - Expression good faith and public good appearing in S.499..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Except the bald statement regarding use of abusive language or scolding, no other live link was brought on record to establish direct connection of accused with act of suicide by deceased - Accused discharged from charge u/s 306 IPC...........
Indian Penal Code, 1860, Section 376(1) -- Rape - Victim stated that when she was sitting on front seat of car, driver of vehicle committed rape on her - However, without consent applying force on woman that too when she was sitting on front seat of car is manually and physically not practicable, particularly when there were several persons in the garden and other persons..........
