Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness/PW1 not supported by medical evidence - There is material discrepancies between ocular evidence of PW1 and injuries found in postmortem report - Appellants allegedly assaulted deceased with Laathi, which is hard and blunt object but injuries found on dead body during postmortem have been found..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular witnesses injured in the same transaction, spoke of a blow on head of deceased their grandfather - Mere fact that PW2 and PW3 did not speak of a reverse hit by an axe in S.161 Cr.P.C statement cannot lead to their testimony of overt act being disbelieved - Embellishment even if ignored, overt act stands..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular testimony of witnesses - Accused came with deadly weapons to house of victims and altercation and fight caused between parties - Overt acts of accused inflicting injuries on various parts of body of deceased and victims, totally corroborated by medical evidence - Fatal injury caused on deceased was by a..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of 12 bore country made pistol from appellant `A' - No bullet was recovered from body of deceased though there is no evidence of any exit wound - Further, doctor candidly admitted to the effect that what was initially stated by him to be a gunshot wound was actually caused by a stabbing weapon - In consequence,..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1), Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Once dying declaration made by deceased is proved, the fact that ballistic expert could not give a definite opinion on the question of whether cartridge recovered from the body of deceased was fired by revolver recovered at the..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - A-2 and A-3 were present and were accompanying A-1, when A-1 shot the deceased - Accused were known to deceased for quite some time - Since deceased knew three accused persons, it is not possible to accept the contention that deceased may not have recognized them - Moreover, it..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 302, 201, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442 -- Bail - It is well-settled that bail is the rule, and jail is the exception - When a revision application challenging the order of discharge is admitted for hearing, the High Court may exercise power under Section 390..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen evidence would be highly incriminating and it would be for accused to explain what happened after he was seen last in the company of deceased...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
