Evidence Act, 1872, Section 6, Indian Penal Code, 1860, Section 302 -- Res gestae - Murder - Prosecution alleged that PW7 was first person who reached the spot - However, PW7 turned hostile before Court and stated that she was not there on the spot at the time of occurrence and when she reached there deceased had already died - Evidence of PW7 not reliable...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained weapon not proved - Motive of crime as alleged by prosecution also not proved - Blood stains found on the materials not matched by prosecution with blood sample of victim - Evidence of PW1 is hearsay evidence and on the basis of which conviction cannot be recorded - Prosecution failed to prove its..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323 -- Bail - Attempt to murder - Accused neither armed with any weapon nor he gave any serious injury to father of complainant - Allegation that accused gave kick blows to complainant - Culpability of accused would be decided during trial of case - Challan has already been presented -..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Indian Penal Code, 1860, Section 376A, 302, 404 -- Rape and murder - Modification of sentence - Accused is 38 years old, having undergone 8 years of imprisonment and he has two minor children and a wife to look after and there is no other person in the family to look after three of them - However, considering diabolic and depraved manner in which accused took victim to a..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Where testimony of victim is reliable, delay in registering FIR, delay in forwarding FIR to Magistrate, non-examination of person who brought victim to hospital, all pales to insignificance and those lapses no way impinge the credibility of testimony of victim...........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Accused assaulted his wife when she refused to sign consent letter for his second marriage - Seat of attack and weapon of offence used, expose intention of accused - Due to timely intervention of PW2 to PW4 who had taken her to her home and then got her admitted in the hospital, she had survived - Ingredient..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Sentence - Incident took place in the year 2006 and witnesses who are rustic villagers were examined nearly about 12 to 13 years after the occurrence - Taking into consideration the long lapse of time to dispose the case both at the trial stage as well as appellate stage, substantive sentences ordered to run..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Solitary incriminating circumstance appearing against accused has not been put to him in his statement u/s 313 Cr.P.C - Accused therefore had no opportunity to explain said circumstance - Serious prejudice is thus, caused to accused - However, since the incident is of the year 1995 and more..........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
