Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - PW7/doctor who had conducted postmortem of dead body of deceased specifically stated that three incise wounds were found on the dead body of deceased - Though, PW7 has stated that injury sustained by deceased could possibly be caused by stone which was shown to him by Constable as well as sticks shown to him -..........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - Major contradictions in deposition given by informant - Material contradictions in deposition of informant regarding the manner in which incident took place and with regard to which information about the incident was given by her grand daughter - Independent witnesses did not support the case of prosecution -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Prosecution falsely implicated accused on the ground of enmity and rivalry between deceased and accused - Suspicion and doubt however, so strong cannot take place of proof or evidence - For holding any person guilty for any crime strong evidence beyond reasonable doubt must be adduced by prosecution - Neither there is..........
Indian Penal Code, 1860, Section 302, 300Exception, 4 -- Murder - Infliction of four knife blows to an unarmed person on vital parts of body is indicative of accused acting in a cruel manner - There is no evidence of exchange of blows - Case does not fall u/s 300 Exception 4 IPC...........
Indian Penal Code, 1860, Section 302, 300Exception, 1 -- Murder - No evidence on record to disclose that provocation was so grave and sudden that appellant was deprived of his self-control - Case would not fall u/s 300 Exception 1 IPC merely because infliction of knife blows took place after a quarrel...........
Indian Penal Code, 1860, Section 302, 300Exception, 1 -- Murder - Autopsy report reflects that deceased was inflicted with four knife blows on vital parts of his body - Injuries found on body of deceased in ordinary course would have resulted in death - No defense evidence was led and statement of petitioner u/s 313 Cr.P.C. was one of denial - There was no statement that..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Sequence of events as narrated by PWs does not show that there was any intention on the part of appellant to cause death of deceased - No knowledge can be imputed to appellant that injury could in ordinary course of nature be sufficient to cause death - Appellant thus, liable to be convicted u/s 325 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Assailant used knife and inflicted serious injuries on the body of deceased, including below the belly - Appellant thus, was liable to be attributed with knowledge that injuries which he was to inflict by using weapon in hand, would be sufficient to result into death in ordinary course - There was an..........
