Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Common intention - Accused was not attributed presence and participation in quarrel and scuffle between co-accused and deceased as per eye witness version - Even, it cannot be said with certainty that accused shared common intention with co-accused to commit murder of deceased or accused had done something `in..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Medical evidence - Doctor who conducted post mortem could not give a definite opinion with regard to cause of death - He had taken the viscera and sent it to analysis to FSL - However, subsequently doctor claimed that cause of death was injuries to brain and deceased had died in coma - Medical evidence is thus, on..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witnesses - Four persons were examined as eye witnesses - They all maintained a studied silence about incident for over two weeks to almost a month - Only explanation given by them is that since they were threatened by accused that he would finish them also, they kept quiet - Despite the fact that..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Place where dead body was discovered is shrouded in mystery - Inquest report shows that dead body was found hanging on a slope - However, according to PW1, when he reached the spot, he found dead body of his brother/deceased was buried under stones - Place and condition in which dead body was recovered is enigmatic...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of cell phone of deceased at the instance of accused - Cell phone was never subjected to TIP - Even, there is no evidence on record that said cell phone actually belongs to deceased - Neither last location of cell phone at the instance of accused nor call details of cell phone have been produced by..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of blood stained sweater at the instance of accused - FSL report with regard to blood stained sweater merely mentions that human blood was recovered - However, it is nowhere mentioned therein as to whose blood it was - Recovery cannot be said to be cogent and convincing evidence which would connect accused..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Accused poured kerosene oil on deceased and also set her ablaze by match stick - Merely because thereafter accused might have tried to extinguish fire, that will not bring the case out of S.300 Fourth Clause IPC - Accused rightly convicted...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Two dying declarations - Murder of wife by husband - Deceased in her second dying declaration categorically stated that at the time when she gave first statement that it was a case of accident, she was given threats by accused that he will kill her children also - She also stated in second..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a) -- Murder - Fire arm injury - Deceased died due to firearm injuries - Post mortem report and doctor stated that injuries were caused over body of deceased with firearm and bullet was found embedded in the body - Recovery of weapon at the instance of accused from his bua's house proved on record -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a) -- Murder - Fire arm injury - Deceased was last seen in the company of co-accused - In absence of any evidence on record to show that deceased was also seen with accused `R' lastly by PW3 and PW12, prosecution has not proved its case beyond reasonable doubt against accused `R' - Accused `R' rightly..........
