Indian Penal Code, 1860, Section 302 -- Murder - Last seen together - Evidentiary value of - Held, evidence of last seen may provide for a link in chain but unless time gap between deceased having been last seen in company of accused person and murder is proximate, it is difficult to prove guilt of accused only on that basis...........
Criminal Procedure Code, 1973, Section 390, Indian Penal Code, 1860, Section 396, 302 -- Appeal against acquittal in dacoity and murder case - Order of High Court to arrest accused during pendency of appeal - No infirmity - High Court u/s 390 Cr.P.C. has the power to order arrest of accused pending disposal of appeal against acquittal...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Murder - Severe contradictions found in evidence of two prosecution witnesses - Presence of eye-witness at spot is also highly improbable - Medical evidence also clearly rules out manner of infliction of injuries - Order of acquittal held, proper...........
Indian Penal Code, 1860, Section 376(2)(g), 300, 201 -- Rape and murder - Wife of co-accused eye witness who revealed incident - High Court discarded her evidence without any discussion - Father of victim, complainant, not an eye witness - Fact that complainant did not indicate in complaint as to what eye witness told him not a ground to discard her evidence - Reasoning of..........
Indian Penal Code, 1860, Section 307, 332, 452, Criminal Procedure Code, 1973, Section 374, Evidence Act, 1872, Section 3 -- Attempt to murder - Appeal against conviction - Appellant/accused attacked and inflicted injuries on victims out of previous animosity - Plea of appellant/accused that no independent witness examined by prosecution - Victims of assault being stamped..........
Evidence Act, 1872, Section 3 -- Murder - Testimony of witness - Discrepancy - Effect - Held, if there is no discrepancy in evidence, evidence would be doubted as a tutored or parrot like evidence - A little discrepancy, which is not significant, would add strength of truthfulness to deposition - Evidence recorded after two years from date of occurrence cannot be doubted..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Proof of - Accused prosecuted by deceased and convicted by competent criminal court for offence of murder of brother of deceased - That order of conviction was challenged by them in High Court by way of an appeal which was allowed and conviction was set aside by High Court in recent past of incident - Held, this..........
Criminal Procedure Code, 1973, Section 154 -- Murder - Eye-witness - Immediate FIR - Incident occurred right before Presiding Officer of court - Contention that why did he not file FIR - Held, it is true that Presiding Officer has not lodged FIR - But information has gone to police almost immediately and person who has given FIR is himself also an eye witness to the..........
Indian Penal Code, 1860, Section 148, 149, 201, 302, Arms Act, 1959, Section 27 -- Murder - Gun shot injuries - FIR lodged promptly ruling out possibility of concoctions, false witnesses or false implication of accused - Statement of complainant, father of deceased duly corroborated by eye witnesses, sister of deceased and by medical evidence - Witnesses though related but..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Proof - Murder - Gun shot injuries - All the accused came to the spot together - Four of them armed with guns and three were in possession of cans containing kerosene - Four accused fired gun shots on deceased, two sprinkled kerosene on person of deceased who had fallen on the ground and remaining one set him..........
