Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against conviction - Testimony of eye-witnesses clearly establishing guilt of accused - Plea of accused/appellants regarding contradictions in testimony of eye-witnesses cannot be considered because said contradictions are not directly related to incident and not affecting..........
Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 3(1), 3(2), 3(5), 4, 21(4), Indian Penal Code, 1860, Section 120B, 255, 34, 109 -- Bail - Counterfeiting stamp papers - Held, that although appellant was not directly connected with the printing and selling of fake stamp papers but he was associated with main accused and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Prosecution witness allegedly saw 2 accused persons stabbing deceased with knife in light of his scooter`s headlight - Contradictions found in statement of prosecution witnesses and documents produced - As per medical report body brought was unidentified - No explanation given by police..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Appeal against - FIR lodged without delay - Nothing improbable in the description of incident as mentioned in FIR - Corroboration between ocular and medical evidence - Presence of torch and moon light sufficient for identity of accused who was known to the witnesses - Conviction of accused `A' sustained...........
Indian Penal Code, 1860, Section 302, 34 -- Joint exhortation - Unreliable - Conviction cannot be recorded on the basis of joint exhortation in the absence of particulars about the participation of each accused - In the instant case evidence of witnesses is that at both the places the appellant `S' was armed with a country made pistol, but he has not used the same,..........
Indian Penal Code, 1860, Section 34 -- Common intention - For applying S.34 it is not necessary to show some overt act on the part of the accused...........
Indian Penal Code, 1860, Section 147, 148, 323, 324, 302, 307, 149, 34 -- Different appellants found guilty under various provisions of IPC - Though father of deceased was not examined, injured witnesses statements were reliable and trustworthy - FIR lodged promptly - Though PW's are related to deceased but relationship is not a factor to discard prosecution version -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Two accused - Illicit relationship objected to by deceased - Conviction by trial Court on basis of circumstantial evidence - High Court upheld conviction of accuse No.1 but acquitted accused No.2 - Circumstances were that accused No.2 purchased two packets of rat killer poison, gunny bag, cotton rope and nylon rope -..........
Punjab Apartment and Property Regulations, 1995, Section 33, 34 -- Natural justice - Appellate authority cannot decide appeal against the parties without issuing notice and giving hearing to them - Same person cannot decide revision petition against his own orders - Adopting such a procedure will be violative of principles of natural justice...........
Indian Penal Code, 1860, Section 376(2)(g), 452, 323, 34 -- Gang rape - Appellant not caught at the place of occurrence - No evidence led to show the presence of appellant at the spot of occurrence or to have participated in the crime - Identification of appellant for the first time in court is really of no consequence - Only evidence against the appellant was that his..........
