Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - Evidence tendered by eye witnesses suffered from serious lacunae - Their evidence cannot be said to be credible - There are glaring inconsistencies in the prosecution version which have been magnified by absence of testimony of material witnesses and ballistic report coupled with the non-recovery of weapon of crime..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Accused confessed the murder of deceased before PW1, his mother and wife and throwing body of deceased in the well - However, mother and wife of PW1 were never examined as witnesses by prosecution - Confession was followed by two things arrest of..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused - Prime witness for proving the disclosure statement is PW1, whose testimony has failed to inspire confidence of Court in the light of contradictions, multiplicity of versions and material improvements - Other witness..........
Indian Penal Code, 1860, Section 302 -- Murder of father-in-law by son-in-law - Weapons were not sent for chemical analysis - When motive of crime, presence of accused at the time of occurrence, his fleeing away from the house of deceased and recovery of weapon or knife have been established, mere fact that weapons were not sent for chemical analysis does not affect its..........
Indian Penal Code, 1860, Section 302 -- Murder of father-in-law by son-in-law - Occurrence took place when deceased was alone at home - Motive for occurrence has been spoken by PW1 which was corroborated by PW2 - Defence has not disputed the motive aspect spoken to by PW1 and PW2 - Evidence of doctor coupled with post mortem certificate, established that deceased died due..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Informant stated that accused assaulted her son on both legs, chest, head and scrotum but doctors who have deposed as PW5, PW6 and PW7 did not find any injuries on the head and scrotum - Conduct of informant seems to be highly doubtful - More so, statement of informant that during occurrence PWs 1 to 3 reached..........
Indian Penal Code, 1860, Section 302, 149 -- Double murder case - Recovery of ornaments - Two of the five accused from whom the recovery was made, have been exonerated by High Court - Examination of goldsmith or the person from whom other ornaments were brought was necessary to prove that ornaments were identical to the ones recovered at the instance of accused - But that..........
Indian Penal Code, 1860, Section 302, 149 -- Double murder case - Testimony of eye witnesses - PW9 has not even stated that she had seen any of accused assaulting the deceased - Even version of PW8 is very vague about accused assaulting deceased - Husband of PW-9, who was injured witness, has not been examined - PW8 stated that he was awakened due to cries of his nieces..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - A-3 came to the scene of occurrence when co-accused dragged the deceased to the house of A-4 and assaulted them - He thereafter assaulted deceased with stone lying there - Though A-3 has knowledge that use of a stone hitting head of deceased is likely to cause death, but he had no intention to commit..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Motive - Deceased instituted partition suit against his brother/A-9 and said suit was decreed in favour of deceased - It was annoyance with said litigation that A-9 and his family members decided to do away deceased and his family members for which they took help of their friends A-4, A-5 and A-7 - There was thus, clear..........
