Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Unlawful assembly - Inconsistencies found in testimonies of PWs regarding role of accused in commission of crime - Involvement of accused as a member of unlawful assembly is doubtful - FIR lodged after delay of 4 days - Accused roped in the crime, due to inimical relationship between parties which clearly emanates..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Abduction and murder - Separate and distinct offence - Merely because there is common motive, second offence cannot be said to be in continuation of first incident especially when there being distinct intentions behind two offences...........
Indian Penal Code, 1860, Section 302, 34 -- Murder of wife - Allegation against parents of husband - Presence of accused at the spot is not established or even alleged by any of PWs - A charge cannot be framed solely on a presumption that their presence is neither confirmed nor ruled out - For framing a charge, grave suspicion is required to be shown by prosecution of..........
Transfer of Property Act, 1882, Section 54, Registration of Births and Deaths Act, 1969, Rule 26(i)(k)(i) - - Registered sale deed - Unilateral cancellation of registered sale deed - When cancellation deed or revocation deed unilaterally executed is null and void and that when such transaction is meaningless, it is just and fair to allow writ petition leaving it open to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Altercation took place between A-1 and informant - Deceased being brother of informant intervened in the matter due to which A-1 and A-2 immediately returned from spot on a motorcycle and came back after 10 minutes armed with deadly weapon - Thereafter, A-2 held neck of deceased when A-1 stabbed him..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Testimony of PW8, who claims to be an eye witness is not reliable and trustworthy - Her testimony in Court is full of material omissions/contradictions/improvements - PW8 not stated true facts - Even, prosecution suppressed the material..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Common intention - A2 and A3 are brothers of A-1 - Though A-2 and A-3 are present on the spot but they were not armed - No evidence brought on record that there was prior meeting of minds between accused and A-2 and A-3 were having knowledge that their brother A-1 was armed with katta - Evidence on record is not..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Dispute regarding supply of water - Mere fact that accused caught hold of deceased facilitating other accused to come with a knife and gupti and gave blows, it cannot be said that accused shared common intention with other accused, particularly when there is no evidence on record that there was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Dispute regarding supply of water - All PWs are interested witnesses being members of same family living in front of family of accused having their civil dispute pending for a long time - FIR was registered at the instance of accused against complainant party and that is why complainant party tried to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Role of firing at deceased specifically assigned to A-1 (deceased) - Neither any overt act attributed to A-2 nor even it is deposed against him that he caught hold of deceased - From the evidence of PWs, it does not follow that A-2 and other co-accused had arrived at place of incident with common..........
