Indian Penal Code, 1860, Section 299, 300 -- Murder or culpable homicide not amounting to murder - Single injury - According to prosecution, deceased suffered a single injury on the back of his head and that too by a blunt weapon like lathi - Held, a single injury caused by lathi, which had resulted merely in a linear fracture, cannot be held to be so "imminently dangerous..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Recovery of knife having blood stains matching with the blood group of deceased - PW1 in quite definite terms stated that he saw accused giving indiscriminately stab wounds to deceased - PW2 though is not an eye witness, stated that when he reached at the spot he saw deceased lying down with serious incised injuries..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Murder - Accused convicted and sentenced to life imprisonment on sole testimony of daughter of deceased aged 8 years - Witness answered first few questions put by Court very smartly and intelligently and Court concluded that she could become witness in this case - She has..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - PW3 has described weapon of offence as guns - PW5 has described these as revolvers because he has not been able to distinguish a revolver from a country-made handgun - PW4 and PW7 are silent on whether appellant and his associates have used guns or revolvers - Some of these eyewitnesses have said that all assailants..........
Indian Penal Code, 1860, Section 326, 307 -- Voluntarily causing grievous hurt - Attempt to murder - Proof - Out of six injuries only one injury is opined as superficial wound - Rest all opined as deep wounds - Some injuries are on vital part of body and grievous in nature - All injuries were caused by sharp weapon - None of injuries were opined as fatal - Held, intention..........
Indian Penal Code, 1860, Section 307 -- Attempt to Murder - Family members having grudge against each other - Injury caused on head with a blunt weapon - As there was no enmity and no intention to cause permanent harm, the offence u/s 307 IPC is not made out...........
Indian Penal Code, 1860, Section 323, 324 -- Simple or grievous hurt - From very beginning the case was registered for commission of offences punishable u/s 324 of IPC - Prima facie there was no evidence that victim was assaulted by any deadly weapon or any sharp cutting weapon - No medical report was submitted before trial Court - Held, offence u/s 324 of IPC could not be..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Appellant took deceased from his house at 7.30 p.m. - No further evidence of two being together thereafter - Deceased being found injured at public street at 10.15 p.m. - Evidence of last seen lose its incriminating character if place was a public place as possibility of somebody..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Proof - No charge u/s 120-B was framed against "S" - Recovery of a katta at his instance - No charge under Arms Act was framed against appellant "S" - Further, it is not prosecution's case that this katta was used to abduct PW1 - On the other hand, it is alleged that "R" was armed with such a weapon - Held,..........
Indian Penal Code, 1860, Section 302,148,34 -- Murder - Enmity between parties - Weapon of offence described by witnesses different than that recovered by IO - Contradictory manner of occurrence given by three different witnesses who claim to be eye witnesses - Utterly unsafe to sustain the judgment of conviction - Accused acquitted...........
