Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34, Railways Act, 1989, Section 145 -- Murder - Transfer of investigation to CBI - Deceased stabbed to death in train after argument over seat - Complainant not able to show that there are serious flaws in investigation which lead to the conclusion that same is shoddy or tainted - Moreover, there is nothing on..........
Indian Penal Code, 1860, Section 302, 324, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Place of incident not established - Testimony of injured eye-witnesses not corroborated by each other and even, medical evidence does not support their version - Presence of family members on spot not established - Moreover, Civil Surgeon frequently..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 364A, 368, 302, 147, 148, 342, 324, 201, 120B -- Bail - Kidnapping and murder - Case of both the accused not distinguishable from co-accused, who is already enlarged on bail - Both the accused are not named in the FIR and no incriminating material is recovered from them - Inconsistencies were..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Gu, shot injury - Independent witnesses not supported prosecution case - Fire arm injury proved on record - However, accused fired at victim without pre-meditation - Injury suffered by victim was not on vital part of his body - Prosecution failed to prove that accused intended to cause death of victim -..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Injured witnesses and eye witnesses not stated that accused with intention to cause death of injured persons have inflicted injuries - Ingredients of S.307 IPC not made out - Conviction altered from S.307 IPC to Ss.324/325 IPC...........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - Eye witnesses asserted that accused `A-6'and other threw chilly powder upon deceased - However, doctor who conducted post-mortem examination of the bodies of deceased, categorically stated that he did not notice any chilly powder on any part of the bodies of deceased - Therefore, this..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - There is strong possibility of political intervention and glaring inconsistencies in the prosecution case, including registration and dispatch of the two FIRs, which give rise to likelihood of strong manipulation of the case by police - Even, version of prosecution as put forth opens the..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 341, 323, 324, 307, 337, 338, 387, 504, 506 -- Summoning of additional accused - Offence u/ss 341, 323, 324, 307, 337, 338, 387, 504, 506 IPC - Petitioners summoned only because victim named them along with others - But no overt act is attributed against petitioners - Specific allegation of..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Weapon of offence - Proof of - Accused was armed with a `Kirch' - All six injuries found on the person of injured described a lacerated wounds inflicted with a `Kirch', which is a sharp edged weapon - Testimonies of both injured witnesses are consistent regarding occurrence - Said witnesses cannot be termed as..........
Indian Penal Code, 1860, Section 323, 324 -- Nature of offence - All the injuries were declared to be simple in nature - None of injuries was opined to be dangerous to life - Injuries had been caused with a sharp edged weapon i.e. `Kirch' - It is thus, S.324 IPC which is attracted and not S.323 IPC as `Kirch' being a sharp edged weapon has the potential of proving lethal...........
