Indian Penal Code, 1860, Section 302, 324, 34 -- Double murder case - Common intention - Four eye witnesses stated in one voice that all three accused present at the place of occurrence with dao in their hands and inflicted multiple injuries on two deceased persons - It is not possible that accused `J' alone committed murder of two persons and left the dead bodies at two..........
Indian Penal Code, 1860, Section 341, 324 -- Recovery of axe at the instance of accused - Substantial lacunae found in the prosecution story by trial Court on the basis of which co-accused acquitted - Accused convicted for recovery of axe at his instance - However, recovery of axe not proved from the evidence of attesting witnesses - Recovered axe not sealed on the spot..........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 149 -- Murder - All the five eye witnesses have named A1 to A7 - Other accused have not been named by PW11 and PW18 - PW10 attributed specific role only to A1 to A7 in assaulting deceased - Conviction of A1 to A7 upheld - However, benefit of doubt given to A10 and A11, as they have not been named by PWs...........
Indian Penal Code, 1860, Section 323, 324, 147, 148, 149 -- Offence u/ss 323, 324, 147, 148, 149 IPC - Marpeet by both sides admitted - Mere acquittal in cross-case is not determinative that accused of cross-case were not aggressor, as accused need not prove his case beyond all reasonable doubt - Accused had only to show by preponderance of probabilities that his plea of..........
Indian Penal Code, 1860, Section 323, 324, 147, 148, 149 -- Offence u/ss 323, 324, 147, 148, 149 IPC - Marpeet by both sides admitted - Both parties sustained injuries - Place of occurrence indicates that it was complainant's side who had gone to the place of occurrence - Preponderance of probabilities is that complainants' side was aggressor and injuries inflicted by..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Common intention - All four accused persons held victim forcibly and two of them inflicted knife blows on his body which consequently resulted in death of victim - As all acted together and shared common intention, corroborated by testimony of eye witnesses - Thus, provisions of ss.302 r/w 34 of IPC are attracted -..........
Indian Penal Code, 1860, Section 326, 324, 325, 147, 148, 149, 504, 506 -- Offence u/ss 326, 324, 325, 147, 148, 149, 504, 506 IPC - Modification of sentence - Accused persons inflicted 8 injuries to injured who was about 80 years of age on the date of incident - However, injured did not suffer any serious or permanent injury and is still alive - More so, 9 years have gone..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses,..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Non-examination of I.O - Material contradictions were found in the testimony of PWs regarding manner of occurrence or place of occurrence - Non-examination of I.O, in such situation assumes significance as it caused prejudice to defence - PWs stated that due to assault victim's hand was hanging from the skin -..........
Indian Penal Code, 1860, Section 326, 324, 452 -- Offence u/ss 326, 324, 452 IPC - Allegation that all accused being members of one family including petitioner attacked complainant with common object by use of sharp edged weapon, lathies etc - Though petitioner also attributed a role in aggression but no specific allegation is made out against petitioner about his personal..........
