Indian Penal Code, 1860, Section 302, 394 -- Murder - Circumstantial evidence - Recovery of blood stained shirt, silver and gold ornaments and piece of blood stained brick - Blood group found on the shirt of accused was not detected - Recoveries of ornaments at the instance of accused not proved, as there is no evidence available on record to suggest that said ornaments..........
Indian Penal Code, 1860, Section 302 -- Murder - Inappropriate investigation in criminal case - Acquittal of accused by Trial Court - Allegations of complainant that investigation process of Trial Court manipulated by appellant - Considering that occurrence took place decade ago, it is directed that matter be considered by Home Secretary for examination...........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Attempt to murder - Compromise - Though the offence u/s 307 IPC is a serious offence and no, compoundable but High Court has power to accept the compromise - Instantly, investigation is at initial stage - No injury is caused to victim - Weapon of offence not recovered by police -..........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution contended that deceased was hit from the front side of the van of accused and deceased dragged to a distance of more than 400 meters - However, there is no blood on the vehicle on front side - Injuries found on the body of deceased did not support the prosecution version - Gap between van and road was only 6..........
Indian Penal Code, 1860, Section 302, 201, Arms Act, 1959, Section 25 -- Murder - Appeal against acquittal - Circumstantial evidence - Case based only on last seen evidence - Testimonies of PWs of last seen evidence recorded after four days of incident - No statement of PWs recorded immediately after recovery of dead body - No other evidence except evidence of last seen..........
Indian Penal Code, 1860, Section 304, 34 -- Culpable homicide not amounting to murder - Appeal against acquittal - Leave to appeal - Complaint filed by wife of deceased after delay of 7 months of occurrence - No explanation for such delay - Eye witnesses introduced for the first time after 13 months of occurrence - Eye witnesses stated that deceased died due to injuries..........
Indian Penal Code, 1860, Section 307, 323, 148, 149, 506 -- Attempt to murder - Twelve accused allegedly assaulted four victims with lathis due to which victims sustained injuries - It is highly improbable that in wake of assault by 12 accused armed with lathi and binda, only injuries were received - No explanation as to why statement of injured witnesses not recorded by..........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Sole eye witness - Prosecution produced two witnesses of fact who are parents of deceased out of which PW2 is not examined properly due to his old age and illness - Entire prosecution case rests on sole testimony of PW1 which apparently suffers from various contradictions and embellishment making the prosecution..........
Indian Penal Code, 1860, Section 307, 323, Arms Act, 1959, Section 25(1B)(a) -- Attempt to murder - Prosecution alleged that accused fired upon victim by pistol from very short distance due to which gun shot injuries were sustained by victim on his neck - Medical report shows that injuries sustained by victim were simple in nature - Doctor did not find any characteristic..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Contrary evidence on point of place of incident - Non-explanation of injury No.3 of deceased by his son - Independent witnesses although available but not examined by prosecution - Highly inimical and interested witnesses examined - Prosecution failed to send blood stained earth and plain earth to obtain chemical..........
