Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Non-examination of two witnesses - Does not affect prosecution version and creates any doubt in the mind of Court, particularly when witnesses examined by prosecution are trustworthy and Court can safely rely on their testimony - No adverse inference therefore, can be drawn against prosecution...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased died due to gu, shot injury - Contention that accused `M' was carrying lathi, thus he had no role to play in the occurrence, rejected, as accused `M' had gone with other accused, who were carrying pistols and ballam with intention to kill deceased who were studying in the shed - Common..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Testimony of eye witnesses - PWs 1 to 3 deposed in detail about previous enmity between parties, their presence at the spot, weapons carried, their proximity to shed and establishment of identity of all four accused - They have also testified as regards deceased lying in a pool of blood - Nothing..........
Indian Penal Code, 1860, Section 307, 452, 324 -- Attempt to murder - House trespass - Accused allegedly entered in the bedroom of PW4 with a knife to commit an offence and thereafter attempted to kill PW4 and in that process assaulted PW3 - Blood stained knife recovered from the spot of incident - Forensic evidence supports evidence of injured witnesses - Intention of..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning - Doctor opined that because of right palm was not burnt and right arm was also not fully burnt, possibility of a suicidal death could not be ruled out completely - Mere fact that deceased suffered second and third degree burns over body cannot lead to a conclusive presumption by itself that accused had set..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 8 -- Kidnapping - Murder - Motive - There is no documentary evidence with regard to land transaction between deceased and accused which is established by unshattered corroborated oral evidence - Therefore, absence of documentary evidence cannot discard motive proved by oral evidence...........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 3 -- Kidnapping - Murder - Circumstantial evidence - Last seen together - As per prosecution witnesses, deceased left house after telephonic call of accused and thereafter, he withdrew cash from bank and proceeded to house of accused - Even, accused were seen loading gunny bag in vehicle..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Discovery of fact - Dead body of deceased recovered from valley on basis of disclosure statement of two accused persons - Therefore, disclosure statement made by them separately in quick succession to I.O., preceding discovery of fact so stated, is admissible..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Recovery panchnama - Admissibility - Merely in absence of signatures of accused on recovery memo/panchnama will not make it inadmissible in evidence...........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Discovery of fact - There is no evidence on record regarding blood group or fact that blood stains belonged to blood group of deceased - Even, recovery itself is doubtful - Therefore, merely in absence of evidence regarding blood group will not make case of..........
