Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 149, 323, 325 -- Framing of charge u/ss 307, 149 IPC - Accused allegedly 8 in number, armed with lathis, named in FIR - But small number of injuries received by injured belies said allegation - Moreover, if accused were intending to kill injured, nothing prevented them from aiming the lathis..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1969, Section 27, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of injured witness on spot of incident not denied by accused - Accused failed to explain injuries sustained by injured witnesses - Recovery of weapon proved on record - Moreover, reliable and consistent testimony of..........
Indian Penal Code, 1860, Section 302, 147, 149 -- Murder - Non-production of one of PW cannot afford a basis to draw an adverse inference against prosecution, particularly, when direct and specific evidence fully corroborated by other attending circumstances proved the guilt of accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 147, 149 -- Murder - Deceased sustained 20 injuries - All injuries were by sharp edged weapons and not only first head injury but other injuries were also quite deep and wide - Consistent statement of four eye witnesses cannot be disbelieved that it was accused who had initiated quarrel by first inflicting a `farsi' blow on the head of..........
Indian Penal Code, 1860, Section 302, 324, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Place of incident not established - Testimony of injured eye-witnesses not corroborated by each other and even, medical evidence does not support their version - Presence of family members on spot not established - Moreover, Civil Surgeon frequently..........
Indian Penal Code, 1860, Section 452, 148, 323, 149 -- Offence u/ss 452, 148, 323, 149 IPC - Accused died due to head injury caused by accused `D'- Other accused had no role to play in the murder of deceased, therefore, they can only be charged with offence u/ss 452, 148, 323, 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - Eye witnesses asserted that accused `A-6'and other threw chilly powder upon deceased - However, doctor who conducted post-mortem examination of the bodies of deceased, categorically stated that he did not notice any chilly powder on any part of the bodies of deceased - Therefore, this..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - There is strong possibility of political intervention and glaring inconsistencies in the prosecution case, including registration and dispatch of the two FIRs, which give rise to likelihood of strong manipulation of the case by police - Even, version of prosecution as put forth opens the..........
Motor Vehicles Act, 1988, Section 149 -- Accidental death - Compensation - Liability of insurer - Appeal by truck owner - Offending vehicle stationary at time of accident - When there is no case of negligent driving and case is made out of only negligent parking - Issue regarding driving licence cannot be raised by insurance company - Therefore, insurance company cannot be..........
Indian Penal Code, 1860, Section 307, 323, 325, 148, 149, 447 -- Offence u/ss 307, 323, 325, 148, 149, 447 IPC - Different versions given by different witnesses as regarding head injury given to injured - This creates a serious suspicion regarding prosecution story - Offence punishable u/s 307 IPC not proved beyond reasonable doubt - As regarding other offences, since..........
