Indian Penal Code, 1860, Section 302, 307, 34, 149 -- Offence u/ss 302, 307, 34, 149 IPC - No charge u/s 302 IPC or u/s 307 IPC with aid of either S.34 IPC and S.149 IPC has been framed - Evidence on record is not sufficient to attribute any specific injury suffered by deceased to any particular accused - Accused rightly acquitted u/s 302 and 307 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by 90% burn injuries - Family members of deceased turned hostile - Even PWs not supported prosecution case - Dying declaration of deceased appears to be tutored one - Evidence on record shows that accused immediately took deceased to hospital and shifted her to private hospital on being not satisfied with treatment..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Material variation in version of prosecution regarding motive for accused to attack deceased - Hence, credibility of prosecution case at very inception itself received severe jolt - Prosecution failed to prove motive - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Complete inconsistency regarding presence of PWs at scene of offence, manner in which attack took place and person who accompanied deceased to hospital - These inherent contradictions in evidence of PWs throw serious doubt on veracity of their testimony - Prosecution..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Mere seizure of weapon from person does not establish nexus between offence and person from whose possession weapon is seized, unless prosecution establishes that it is with that weapon that offence is committed - In the instant case, investigation agency failed to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - As per material on record, there is absence of evidence as to approximate age of injuries - Even, it is doubtful whether PW3 received injuries during course of attack on deceased - Moreover, PWs 4 to 6 turned hostile and thereby evidence of PWs 1 to 3 not received any..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased died due to single injury inflicted upon head by accused - No repetition of blow - Had there been any intention to cause murder accused would have inflicted repeated blows - Conviction altered from S/302 to S.304(Part II) IPC...........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 364A, 302 -- Electronic record - Marking without there being a certificate u/s 65-B of the Act - Objection relates to the mode or method of proof - Objection as to the mode or method of proof is procedural - Objection if not taken at the trial, cannot be permitted to be taken at appellate stage...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Murder - Petitioner though named in FIR but no role attributed to him - Co-accused already granted bail - Role attributed to petitioner is akin to that of co-accused and thus, treating the petitioner on same parity, he be released..........
Indian Penal Code, 1860, Section 364, 302, 201, 120B -- Abduction and murder - Circumstantial evidence - Last seen theory - Father of deceased/PW1 went to the spot after getting information from villagers - He did not speak about information given by his other son/PW2 who stated to have seen deceased leaving with A1 and A2 - PW2 who overheard conversation between A1 and..........
