Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 201 -- Summoning of additional accused - Murder case - Evidence on record shows that petitioners were named in the FIR but after conclusion of investigation I.O. did not submit charge-sheet against them - However, when trial commenced and statement of PWs recorded, names of petitioners..........
Indian Penal Code, 1860, Section 302, 307, 324, 326 -- Murder - Incident took place when deceased caught hold of a pick pocketer, as a result deceased suffered stab injuries - Name of assailant was not in the knowledge of injured persons - However, injured persons identified the accused in TIP and also after having recovered from injuries - Recovery of knife proved on..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 3 -- Murder - Cruelty - Victim sustained 100% superficial burns while cooking - Deceased subjected to cruelty - Statement of CFSL report that washer of air pressure pump was found missing and burner was in bent condition - Lends possibility that an accident had occurred in room which was bolted..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Reduction of sentence - Appeal pending since 15 years - Appellants have no other criminal antecedents - Fact that appellant `P' a lady aged more than 80 years has undergone approximately 11 months in custody - Appellant `G' aged more than 50 years has undergone approximately 2 years 4 months in custody - Further,..........
Indian Penal Code, 1860, Section 307, 323, 147, 149 -- Attempt to murder - Contradictions in the depositions of PWs with regard to identity of accused but also injuries suffered by injured - PWs failed to show as to who was responsible for causing injuries to PW2 - Medical evidence also does not corroborate the version of PWs with regard to nature of injuries - No offence..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness surrounded with suspicion - In fact he is not an eye witness to the occurrence - Informant exhibits unnatural conduct in as much as he did not bother in calling the police after escaping from spot of occurrence - Aspect of availability of eye witness shortly after arrival of police is shrouded in..........
Indian Penal Code, 1860, Section 304, 201 -- Culpable homicide not amounting to murder - Circumstantial evidence - Recovery of blood stained clothes of deceased - Not proved on record, as report of chemical examination has not been proved, for which prosecution was given sufficient time...........
Indian Penal Code, 1860, Section 304, 201 -- Culpable homicide not amounting to murder - Circumstantial evidence - Dead body of deceased recovered from the well - However, it is not proved that accused caused injuries to deceased, as alleged confession of accused regarding injuries is not proved beyond doubt - Place of arrest of accused also doubtful and accordingly..........
Indian Penal Code, 1860, Section 302 -- Murder - Six accused were implicated for murder of deceased out of which four acquitted and one died - Present accused convicted on the basis of testimony of PW1, an eye witness - Incident occurred at night in dark area - Prosecution failed to establish that there was sufficient light in which PW1 could see the accused who attacked..........
Indian Penal Code, 1860, Section 302 -- Murder in Courtroom - Inquest undertaken and body sent for postmortem even before registration of FIR - Entire prosecution case cannot be discarded as assault was made in Courtroom which called for immediate action on part of investigators to clear the Courtroom as early as possible...........
