Indian Penal Code, 1860, Section 302, 143, 148, 149, 114, 324 -- Murder - Unlawful assembly - Acquittal upheld on following grounds: (i) Motive not proved; (ii) Testimonies of eye witnesses and their presence at the spot doubtful; (iii) Delay in making FIR not explained; (iv) Search and seizure doubtful as blood stained clothes of witnesses not seized; (v) Police officer..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of certain weapons with blood stains immediately on the day after the incident on the disclosure statement of accused, mere fact that those recoveries were not supported by independent panch witnesses, is not a ground to doubt on said recoveries -..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of sole witness - All PWs not supported prosecution case except PW 12 wife of deceased - PW12 concentrated only upon roles of those accused who were directly responsible for having committed certain overt acts - Out of large body of 34 accused,..........
Indian Penal Code, 1860, Section 307, 323, 324, 326 -- Offence u/ss 307, 323, 324, 326 IPC - Property dispute - Free fight between parties - Both parties reached at the place of occurrence armed with lathi, jelly, sword & axe etc - Each of accused is thus liable - However, since prosecution failed to prove that accused were aggressors or the injury No.2 on the head of..........
Indian Penal Code, 1860, Section 302, 323, 324, 148, 149 -- Murder - Eye witnesses - All eye witnesses consistent about occurrence - Testimony of eye witnesses credible and trustworthy as it is corroborated by medical evidence - Evidence of injured witnesses cannot be disbelieved and their presence at the scene of occurrence cannot be doubted - Presence of accused `R' at..........
Indian Penal Code, 1860, Section 324, 325, 148, 149 -- Delay of 11 days in lodging FIR - No satisfactorily explanation for such inordinate delay - Unreasonable and undue delay of filing FIR can throw a cloud of suspicion on deeds of prosecution case - Testimony of complainant was wholly inconsistent and replete with contradictions - High Court committed grave error by..........
Indian Penal Code, 1860, Section 302, 323, 324, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - In the instant case, three accused persons assaulted deceased with fists and legs and however, they were not armed with any weapon - Thereafter, accused `R' appeared at the scene and assaulted deceased with `Danda' - Deceased died of `Danda' injuries -..........
Indian Penal Code, 1860, Section 394, 324, 411 -- Voluntary causing hurt in committing robbery - Accused alone caused hurt to PW4 with the weapon before snatching away her golden ornaments - Neither any person other than accused caused alleged hurt nor any person was jointly concerned in alleged commission of offence of robbery - Injury sustained by PW4 is simple in nature..........
Indian Penal Code, 1860, Section 394, 324, 114, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 394, 324, 114 IPC - Quashing of FIR - - Incident occurred in the heat of moment of altercation between parties - Dispute is personal in nature - Settlement arrived at between parties - There is no legal bar to exercise power u/s 482 Cr.P.C. in respect of offence u/s..........
Indian Penal Code, 1860, Section 302, 324, 452, 34 -- Double murder - Injuries suffered by deceased incised wounds and one fire arm injury - However, none of injuries on person of deceased could be attributed to lathi which was supposedly in the hands of accused - Testimony of PWs and other material on record shows that involvement of accused in the incident is doubtful -..........
