Indian Penal Code, 1860, Section 302 -- Murder - All the witnesses of arrest memo turned hostile - Material witnesses of extra judicial confession and last seen not produced by prosecution - Fact of absconding of accused is doubtful - Circumstances proved against accused are not sufficient to bring home his guilt - Conviction and sentence set aside - Appeal allowed. (Paras..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Appreciation of evidence - Witness fully supporting version of FIR - In cross examination witness retracted from his statement made in examination-in-chief - Held, statement of witness shall be appreciated as a whole and truth shall be separated from falsehood...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Semi digested food found in stomach of deceased - Time of occurrence may not be disbelieved merely on this ground because it is not necessary that every one shall take meal at night - No adverse inference as to time of occurrence can be drawn against prosecution on the ground of semi digested food found in stomach..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Absence of blood stains at the place of occurrence - No adverse inference may be drawn against prosecution due to no, recovery of blood stain from place of occurrence as blood stains were wiped away due to heavy raining...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Identification of accused - Source of light - Complainant and witnesses as well as accused persons are residents of same place and known to each other - Even in absence of source of light accused persons may be identified by complainant and witnesses as known persons may be identified in darkness also by their..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Accused No.1 assaulted deceased with danda and other two accused with knives - Immediate case of occurrence is demanding back money by deceased - Delay in lodging FIR properly explained - Ante-mortem injuries found on body of deceased corroborate the version of FIR - Presence of two injured witnesses stands proved..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Appellant `A' made an extra-judicial confession to the effect that he with assistance of his cousin brother `K' accused has buried deceased in a sugarcane field after committing his murder - Dead body recovered at the instance of appellant `A' - Held, sufficient evidence on record proving culpability..........
Indian Penal Code, 1860, Section 302, 34 - - Murder - Conviction - Validity - Held, simply for the reason that appellant `K' was named by co-appellant `A' as his companion in crime and recovery of `Patal' as well as a bicycle has been shown at his instance, he cannot be held guilty for offence u/s.302 r/w S.34 IPC - Conviction set aside - Appellant `K' acquitted...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 302, 364A, 201, 120B, 34 -- Murder - Plea of juvenility - As per Middle Standard and Matriculation certificates issued by PSEB, accused was aged 17 years 6 months and 12 days at the time of commission of offence - Accused was sentenced to life imprisonment and he is..........
Indian Penal Code, 1860, Section 302, 328 -- Poisoning - Ingredients required to be proved are : (i) that poison or the stupefying substance, which is allegedly administered by any means to the victim, was in possession of accused; (ii) that accused had himself administered the drug or substance or had caused the same to be taken by the victim; (iii) such administration of..........
