Indian Penal Code, 1860, Section 302, 325, 323, 341 -- Murder - Ocular version of injured eye witnesses corroborated by medical evidence - Post mortem report of deceased reveals that he had suffered 23 injuries with blunt weapons - Statement of DW1 failed to rebut the testimony of eye witnesses - Some civil and criminal disputes were going on between parties, which shows..........
Indian Penal Code, 1860, Section 302, 307, 325, 449, 149, 148 -- Murder - Unlawful assembly - Plea of mistaken identity of accused - Eye witness/PW8 stated that he had seen A-6 and other accused earlier when they had been identified to him - A-3, A-4 and A-5 were arrested on same day, though A-6 was arrested subsequently - Recovery of weapons was also made due to..........
Indian Penal Code, 1860, Section 302, 307, 325, 449, 149, 148 -- Murder - Unlawful assembly - Seven accused armed with deadly weapons coming to site of incident and all of them inflicting blows on deceased - All the accused came together with a clear intent and acted upon that intent - This is not a case where common assembly proceeded to site and subsequently decided to..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Injuries on the person of accused - Non explanation - Not even an iota of evidence which could even remotely prove and establish how accused persons sustained injuries - Non expalanton how accused persons sustained injuries..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Prosecution case full of contradictions and discrepancies - True version of occurrence not given by prosecution witnesses - Testimonies of PWs 1 to 5 not in consonance with each other and suffer from discrepancies and contradictions and they create a doubt..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 302, 325 -- Interim bail - For attending marriage of his sister - Offence u/ss 120-B, 148, 149, 302, 325 IPC - Father of petitioner has already expired and presence of petitioner is necessary at the time of marriage of his sister - Moreover, not only presence of petitioner on date..........
Indian Penal Code, 1860, Section 302, 324, 325, 452, 323, 149 - - Free and sudden fight - Both parties sustained injuries - Accused `R' caused head injury from blunt side of `farsi' which lead to death of deceased - No repeated blow was given - Thus, `R' did not cause injuries with an intention to cause death - In view of his individual act, `R' is liable to be convicted..........
Indian Penal Code, 1860, Section 302, 307, 325, 84 -- Murder of 2 years old girl - Plea of insanity - Accused dashed the head of deceased against the wall, as a result she died and also assaulted the mother of deceased - Plea of insanity never taken in the course of investigation, rather it was taken first time in the course of trial - No document produced by defence in..........
Indian Penal Code, 1860, Section 302, 324, 325, 149, 34 -- Murder - Unlawful assembly - Common object - Accused allegedly formed an unlawful assembly, armed with weapons attacked the complainant and caused injuries to others who came to his rescue - Attack made by accused does not show that there was common object of murder amongst the accused - No previous enmity between..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Death occurred as deceased was kept in a supine position for commission of sexual assault - However, requisite knowledge that in circumstances such an act may cause death cannot be attributed to accused, in as much as such knowledge and information is in fact parted with in course of training of medical and..........
