Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Multiple dying declarations - Written dying declaration recorded by Doctor implicates accused - However, oral dying declarations made before PW6 and PW1 implicates her father-in-law - When there are multiple dying declarations and contents of incriminating dying declaration appear to be an..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 14 years old girl - Modification of sentence - Guilt of accused was proved beyond reasonable doubt on account of testimony of direct eye witnesses - Accused sentenced to life imprisonment for whole of biological life of accused without remission - Accused was 26 years of age when offence was committed and..........
Indian Penal Code, 1860, Section 302, 120B, Unlawful Activities (Prevention) Act, 1967, Section 18, 19, 20, 39, Explosive Substances Act, 1908, Section 4, 5 -- Bail is rejected in the context of stringent provisions for the grant of bail incorporated under the proviso to sub-section (5) of Section 43D of UAPA - Taking the material against the appellants as it is and..........
Indian Penal Code, 1860, Section 302, 149 -- Tripple murder case - Evidence of eye witnesses is trustworthy and reliable - No material is brought on record to discredit their version - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 149 -- Triple murder case - Sentence - Accused was only 20 years of age at the time of commission of offence - He has undergone an actual sentence for a period of about 15 years and 3 months - Accused was not involved in any other case - Incident occurred in a very brutal manner committed by a group of accused who were armed with..........
Indian Penal Code, 1860, Section 302, 325, 34, 149 -- Murder - Testimony of two injured/eye witnesses - Serious doubt as to whether PW1 and PW2 had really seen the accused assaulting deceased with the blunt edge of spade - Prior enmity between these two eye witnesses and accused - Three independent eye witnesses whose statements were recorded not examined by prosecution -..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of child witness - Identification of accused - PW3 got confused while identifying at least two accused though five accused whom she allegedly named were made to stand separately from remaining accused - Version of PW3 does not inspire confidence - Accused cannot be convicted on basis of such testimony,..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Recovery of weapons of assault - Name of assailants of deceased not established in Court beyond a reasonable doubt - Conviction of accused cannot be based on only evidence of recovery of weapons of assault - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the house of PW1 when only accused and deceased were there - Accused used the spade which was very much available in the house of PW1 - No evidence to establish that accused had any motive to commit murder of her own father - Prosecution has utterly failed to establish that act..........
Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
