Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24 -- Murder - Disclosure statement - Disclosure of place of occurrence and recovery of knife and rope at the instance of accused cannot be taken into consideration as same was already in knowledge of police and does not advance the prosecution case and thus disclosure made is not worthwhile...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen evidence - Evidence of last seen is a weak type of evidence and conviction cannot be based solely on last seen evidence when other evidence is not supporting prosecution case - Prosecution failed to complete the chain of circumstances, so as to arrive at the conclusion that offence is..........
Indian Penal Code, 1860, Section 302 -- Murder - Benefit of doubt - If there are two views which can be culled out from perusal of evidence and application of law, the view which favors accused should be taken - High Court committed error by reversing the acquittal of accused as judgment of acquittal was not manifestly illegal, perverse and did not cause miscarriage of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7(A), 15 - - Plea of juvenility - Murder case - Accused was less than 18 years of age on the date of occurrence - Plea of juvenility can be raised at any time and before any Court as per mandate of S.7(A) of Act - Moreover, accused has undergone almost 8 years of sentence, which is more than the maximum..........
Indian Penal Code, 1860, Section 302, 148, 149, 397, 120B -- Murder - Procured eye witnesses - Accused acquitted - Discrepant statements made by eye witnesses and they also contradicted each other on material facts - Both the witnesses duly confronted with their previous statements recorded u/s 161 Cr.P.C. - Conduct of eye witnesses is unusual, improbable and unnatural -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted five stab injuries at different parts of body of deceased - Death occurred after three days of incident - Accused contented that they had no intention to commit murder of deceased - Contention rejected as evidence on record shows that deceased was assaulted as he was a witness in one..........
Indian Penal Code, 1860, Section 302 -- Murder - Identity of accused - Accused contended that there was no electricity at the place of occurrence and it was not possible on part of witnesses to identify them by lighting the earthen mud lamp - Contention rejected as witnesses categorically deposed that they were able to see accused persons and their participation in crime -..........
Indian Penal Code, 1860, Section 300, 96, 97, 98, 99, 100, 101, 102, 103 -- Culpable homicide not amounting to murder - Plea of private defence - Culpable homicide is not murder if offender, in exercise in good faith of right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such..........
Indian Penal Code, 1860, Section 300, 96, 97, 98, 99, 100, 101, 102, 103 -- Culpable homicide not amounting to murder - Plea of private defence - Available only when (1) offender had the right of private defence of person or property but he had exceeded such right by causing death; (2) that such right was exercised in good faith and without premeditation and without any..........
Indian Penal Code, 1860, Section 300, 96, 97, 98, 99, 100, 101, 102, 103 -- Culpable homicide not amounting to murder - Plea of private defence - Accused were the aggressors in the incident that led to the death of deceased - Incident took place in the house of complainant and not at the house of accused as alleged by them - Moreover neither deceased nor others examined as..........
