Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Attempt to murder - Disclosure statement - Recovery of pistol - Pistol alleged to have been used in the crime was recovered from open space which is accessible to all - This fact in pursuance of disclosure statement of accused `S' is not acceptable as at the..........
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27, 26 -- Attempt to murder - Confessional statements - Accused implicated in the case on basis of confessional statements - However, no independent witness was either joined in investigation or examined in evidence - Except confessional statements of accused,..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Bullets recovered from body of deceased not sent for ballistic examination and comparison and no explanation is forthcoming why these bullets were not sent for ballistic examination - However, prosecution relies on finding in FSL report that hole on shirt..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Three days delay in recording statement of PW1 & PW4 u/s 161 Cr.P.C. - Such delay is substantial and assumes some importance as it has been alleged that FIR has been back dated and was never sent to Magistrate as required u/s 157 Cr.P.C. - Testimonies of PW1 & PW4 have to be held as wholly unreliable - Accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 506 -- Bail - Attempt to murder - Charges were framed on 5.11.2018 and now trial is pending for 9.7.2019 - Out of total 16 PWs, 8 material witnesses are yet to be examined and prosecution has moved an application u/s 319 Cr.P.C - Trial therefore, will certainly take a long time -..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Allegation that A-2 to A-4 poured kerosene oil on victim, as a result of which her saree was burnt - After getting information about incident, PW1 and brother of victim reached matrimonial home of victim and took her to police station to lodged FIR and thereafter victim was referred to Hospital - However,..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 186, 353, 307, 482, 34, Arms Act, 1959, Section 27 -- Framing of charge - Offence u/ss 186, 353, 307, 482, 34 IPC and S.27 Arms Act - As prosecution has failed to record statement of any police official that after surrender and arrest of petitioner in Court, he was identified by them as the person..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Rifle was recovered from house of A-1 as per his disclosure statement and a double barrel gun was also recovered from house of A-2 - However, post mortem report does not state as to whether those gun wounds were caused by rifle or by gun - In the absence of definite..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Source of light at the spot - Identification of accused - Incident occurred in agricultural field of complainant where it was dark - Panchnama of scene of occurrence shows no indication of electric light at the spot - Case of prosecution is that accused and six other co-accused..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Recovery witnesses not supported the prosecution case - There was darkness at the time at place of occurrence making it difficult for witness to identify assailants - Evidence of eye witnesses contradictory to each other as to firing of fatal blow - Guilt of accused..........
