Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Informant stated that accused assaulted her son on both legs, chest, head and scrotum but doctors who have deposed as PW5, PW6 and PW7 did not find any injuries on the head and scrotum - Conduct of informant seems to be highly doubtful - More so, statement of informant that during occurrence PWs 1 to 3 reached..........
Indian Penal Code, 1860, Section 302, 149 -- Double murder case - Recovery of ornaments - Two of the five accused from whom the recovery was made, have been exonerated by High Court - Examination of goldsmith or the person from whom other ornaments were brought was necessary to prove that ornaments were identical to the ones recovered at the instance of accused - But that..........
Indian Penal Code, 1860, Section 302, 149 -- Double murder case - Testimony of eye witnesses - PW9 has not even stated that she had seen any of accused assaulting the deceased - Even version of PW8 is very vague about accused assaulting deceased - Husband of PW-9, who was injured witness, has not been examined - PW8 stated that he was awakened due to cries of his nieces..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - A-3 came to the scene of occurrence when co-accused dragged the deceased to the house of A-4 and assaulted them - He thereafter assaulted deceased with stone lying there - Though A-3 has knowledge that use of a stone hitting head of deceased is likely to cause death, but he had no intention to commit..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Motive - Deceased instituted partition suit against his brother/A-9 and said suit was decreed in favour of deceased - It was annoyance with said litigation that A-9 and his family members decided to do away deceased and his family members for which they took help of their friends A-4, A-5 and A-7 - There was thus, clear..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - All the accused unlawfully assembled with clear intention to eliminate entire family of deceased - Even if any of them had not been assigned specific role of assaulting deceased, they all would be guilty for an offence of murder and are liable to be convicted for life imprisonment...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Medical evidence - Only one kind of weapon i.e chopper was used in committing the crime - Evidence of doctor proved the injuries but suggested possibility of use of different weapons in causing those injuries - Though evidence of doctor may not be matching with that of prosecution, but ocular evidence of injured eye..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of two injured eye witnesses - All the accused initially assembled in front of house of deceased and first two of them arrived and later rest of them came in auto rickshaw - They were armed with weapons especially choppers and thereafter trespassed into the house of deceased - PW3 and PW4 are eye witnesses who..........
Hindu Succession Act, 1956, Section 25 -- Succession certificate - Murderer disqualified - Wife prosecuted for murder of her husband - However, in view of acquittal of wife from criminal case, she cannot be disqualified u/s 25 of the Act - Succession certificate directed to be issued to wife...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Murder - Mere non-receipt of viscera report alone would neither render the investigation incomplete nor render the Magistrate unable to take cognizance, particularly when case is based on eye witness account wherein the identity of deceased is not in dispute and furthermore, the manner in which the injuries..........
