Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Injured witness not specifically named accused - However, mere fact that one of injured witnesses may not have mentioned the name of accused does not demolish the evidence of other eye witnesses, particularly when the presence of accused at the place of occurrence is proved by two eye witnesses - Accused..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Dead body of deceased was found to have a large number of gun shots, multiple shot wounds - Some bullets penetrated and exited the body - Injured also medically examined by doctor, who had found gunshot wounds, pellet injuries etc. - Injuries suffered by deceased were sufficient to cause death - Prosecution..........
Indian Penal Code, 1860, Section 376 -- Rape - Whether rape has occurred or not is a legal conclusion and not a medical one...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Accused contended that final report does not disclose commission of alleged offence by him - However, a bare perusal of statement made by victim u/s 164 Cr.P.C in explicit terms..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Ground urged by accused that medical opinion has not categorically opined about happening of alleged intercourse with victim, may not be attracted at this stage while considering bail..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Murder - Accused was not a part of group of four assailants who had stormed into the hospital - Apart from slender thread of motive there was nothing against accused - Benefit of doubt thus, given to accused No.1, hence acquitted...........
Indian Penal Code, 1860, Section 302, 307, 120B -- Murder - Role played by four co-accused (A-28, A-19, A-4,5) showed in CCTV cameras which were stored in hard disk and reproduced as exhibits duly accompanied by requisite certificate u/s 65-B of Evidence Act - Some of images definitely showed that they were having firearms in their possession - Sequence of events..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To attract offence u/s 307 IPC, intention or knowledge with which all acts are done irrespective of its results is material...........
Indian Penal Code, 1860, Section 307, 323, 325, 149, 148, 147, 143, 504, 506(2) -- Attempt to murder - Injuries sustained by complainant not serious - Injured has not given name of any other accused and he has changed his version time and again - There are contradiction in the weapons used in the scuffle as well as attempt of over implication of persons by complainant so..........
Indian Penal Code, 1860, Section 498A, 323 -- Offence u/ss 498-A, 323 IPC - Second marriage of complainant took place with accused - Complainant herself stated that she remained in her in-laws house only for one month and thereafter she came to her parents house - Complaint was filed on false and frivolous ground - Prosecution failed to prove its case beyond reasonable..........
