Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Extra-judicial confession - Confession made by accused before PW5 is voluntary and is admissible in evidence as PW7 was subjected to thorough and probed cross-examine but nothing fruitful to the defence could be elicited from him - Conviction rightly based on extra judicial confession...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Deceased was last seen in the company of accused and thereafter he was found dead which was witnessed by PW7 - PW7 has no animosity with accused and can be termed to be an independent witness - Nothing suggested or come out from his cross examination that his deposition is..........
Indian Penal Code, 1860, Section 302, 148, 149, 323, 326 -- Unlawful assembly - Common object - Group clashes - Two occurrences - Accused persons assembled with lathis, zaili etc, to perpetuate and inflict injuries on other side with common object to inflict injuries and cause physical harm - Object was unlawful - Offence u/s 302 made out as deceased died due to injuries..........
Indian Penal Code, 1860, Section 302, 148, 149, 323, 326 -- Unlawful assembly - Common object - Modification of sentence - Accused `J' & `N' acquitted though their names do figure in FIR but they were not present at the spot as accused `J' participated in wrestling competition along with his brother accused `N' - Accused `R' & `A' also acquitted of the charge u/ss 302, 149..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused reached at spot with his country made pistol and fired at deceased in cool calculated manner - Deceased died at the spot - FIR promptly lodged - Evidence of informant fully supported by testimonies of other two eye witnesses and medical evidence - Postmortem report fully support prosecution version - Plea of..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Deceased and injured while returning home from their field intercepted by accused persons and accused opened fire from country made pistol - Injury sustained by injured corroborated by medical evidence - Presence of injured and eye witness at the spot well established - Delay in lodging FIR properly explained -..........
Indian Penal Code, 1860, Section 302 -- Murder - Extra judicial confession - PW2 appears to be unreliable as he stated that accused approached him and made extra judicial confession asking for protection from police - Two letters recovered from pocket of accused containing his confession which appears to be unnatural - Statement of accused recorded u/s 164 Cr.P.C suffers..........
Indian Penal Code, 1860, Section 302, 364, Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3(1)(d) -- Murder and kidnapping of minor for ransom - Petitioners/husband & wife undergoing life imprisonment, seeking resumption of conjugal rights or artificial insemination for sake of procreation - Due to limited infrastructure, causing overcrowding, lack of..........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen evidence - Deceased was last seen with accused - Dead body of deceased recovered after several days - Post-mortem conducted after a week of recovery of dead body - Doctor opined that deceased was murdered one week prior to conducting post-mortem - There is no reason to disbelieve opinion of Doctor - Accused persons..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Very strange behaviour on part of complainant and so many of his friends who were with him to go to an Advocate, that too 15 kms. away, rather than approaching Police Station to report matter - Column in FIR which pertained to date and time of dispatch of FIR to Magistrate left blank - No evidence..........
