Indian Penal Code, 1860, Section 302, 326 -- Murder - Appellant stabbed deceased as per PWs - Presence of appellant at the place of occurrence was established by witnesses - Medical evidence supports the ocular evidence - Independent witnesses have also supported the prosecution case - Motive has also been proved as all the witnesses have stated that appellant was refusing..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identification of accused - Incident is of the year 2006 and accused arrested in the year 2008 - Identification parade of accused not held and accused was shown to witnesses by police -..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Recovery of iron rod - Recovery effected after about 2 years and 2 months from the incident - Said iron rod also had blood stains as per prosecution - However it is difficult to believe as to how..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identity of accused - Possibility of mistaken identity cannot be ruled out - Motive of crime is attributed only to A-1 and not to present accused - Prosecution failed to prove the case beyond..........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - A-2 assaulted deceased on his head and forehead by using dangerous weapon like chopper, then A-4 threw a stone on his right knee and he picked up another stone and punched it on the mouth of her father - Complainant and injured eye witnesses clearly stated the incident and intention of accused was to do away with..........
Indian Penal Code, 1860, Section 324, 326 -- Offence u/ss 324, 326 IPC - Accused acquitted on the basis of statement of witnesses which did not inspire confidence and were not found to be trustworthy - Courts below came to conclusion by way of detailed and speaking order that prosecution has failed to prove charges against accused beyond reasonable doubt - No interference..........
Indian Penal Code, 1860, Section 324, 326 -- Offence u/ss 324, 326 IPC - Settlement arrived at between parties post conviction of accused - Offence alleged and brought out will not constitute any heinous crime or a menace to society - It is permissible to nullify the conviction even at the post conviction stage after exhausting the appellate remedy - Conviction and..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC...........
Indian Penal Code, 1860, Section 325, 326 -- Nature of offence - Allegation that accused gnawed the nose of informant with his teeth - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC - Alleged injury would fall u/s 325 IPC - However, considering the case of the year 1988 and no any other criminal..........
Indian Penal Code, 1860, Section 304(Part II), 307, 326 -- Nature of offence - None of injury was on vital part of body of deceased - Doctor opined that injury no.1 was grievous in nature and injury No.2 was simple - Injury No.1 was grievous because left arm of deceased was fractured - However, arm and leg are not vital part of body which can cause death - Blood clouting..........
