Indian Penal Code, 1860, Section 302 -- Murder on pitch dark winter night - Prosecution case that witnesses identified the accused persons with the help of lantern and torch lights - Lantern and torch light though seized not produced in Court during trial - Seizure memo did not contain the crime number and other particulars - Held, it is doubtful that those torch lights..........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution case that occurrence was witnessed by three eye witnesses - No explanation furnished as to why all the three of them jointly could not resist the accused in attacking the deceased - Conviction set aside...........
Criminal Procedure Code, 1973, Section 161 -- Murder - Eye witnesses who were interested witnesses examined two months after the incident u/s 161 of the Code - Held, eye witnesses cannot be believed...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused known to PWs1 and 2 - Accused named in FIR which was promptly lodged - Appellant pressed neck of deceased and threw acid on him - Manner of incident corroborated by post-mortem report - Statement of PWs1 and 2 consistent and natural - Their presence at the time of occurrence not doubtful - No reason that they will..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Provision of S.3(1) of the Act can be invoked only when offence was committed with intent to awe the government or to achieve one or the other ends mentioned therein - There is distinction between incidence of terror as a consequence of a particular act and causing terror being sole intent - In the..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Provision of S.3(1) of the Act can be invoked only when offence was committed with intent to awe the government or to achieve one or the other ends mentioned therein - There is distinction between incidence of terror as a consequence of a particular act and causing terror being sole intent - In the..........
Indian Penal Code, 1860, Section 364, 300, 201 -- Kidnapping, murder and causing evidence to disappear - Body of deceased recovered from river - Medical evidence suggested that death was caused within three to four days of post-mortem examination - In face of post mortem report, accused persons apprehended earlier to date death of deceased warranting inference that there..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Two dying declarations - One before police and other before Magistrate - No material difference between two - Medical evidence clearly supports the eye-witness account - Deceased had 13 injuries on his person most of them incised wounds which could have been caused with a cutting weapon - Presence of PWs 1 & 3,..........
Indian Penal Code, 1860, Section 304I, 302 -- Alteration of conviction - Murder case - Accused gave injuries from blunt side of Gandasi - Held, if the accused had intention to kill, there was nothing to stop him from using the Gandasi from its true side as that would have made it a much more effective weapon - Conviction u/s 302 IPC altered to one u/s 304 Part I IPC and..........
Indian Penal Code, 1860, Section 376, 302, Criminal Procedure Code, 1973, Section 354, 235 -- Rape with murder - Accused young man of 27 years working as a watchman of a building - Accused committed rape on helpless child of tender age and killed her - Murder was brutal - Trial court awarded death sentence - Death sentence commuted to life imprisonment which was extended..........
