Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - It is established that deceased was last seen in the company of accused before incident and motive of offence is also proved on record - As regarding recovery of blood stained lathi at the instance of accused, it is also proved on record - Moreover, accused was seen by witnesses..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Recovery of blood stained articles at the instance of accused - Blood stained lathi, iron pipe recovered at the instance of accused and blood group found on these articles matched with blood group of deceased - Wearing apparels of deceased were also sent to FSL - All these recoveries, conclusively link..........
Indian Penal Code, 1860, Section 323, 307, 34 -- Voluntarily causing hurt - Attempt to murder - Accused fired shot at injured and assaulted him with lathi and danda - Presence of injured at the place of incident cannot be doubted - Injuries sustained by injured were simple in nature - No internal damage was caused to injured nor injuries were dangerous to life - Case would..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of 90 years old person - Sole eye witness - Deceased was repeatedly crushed under wheels of tractor while he had gone to ease himself along with PW1 - At the spot, a lathi, a lota and chappal were found which lends support to prosecution case - FIR lodged promptly - PW1 is completely trustworthy and natural witness whose..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of `lathi' & wrist watch - It is highly improbable that lathi allegedly used in commission of offence was recovered inside the room of accused openly making no attempt to hide it - No human blood was detected by FSL on said lathi thus, said recovery becomes doubtful - So far as wrist watch of deceased is concerned..........
Indian Penal Code, 1860, Section 302, 324, 452, 34 -- Double murder - Injuries suffered by deceased incised wounds and one fire arm injury - However, none of injuries on person of deceased could be attributed to lathi which was supposedly in the hands of accused - Testimony of PWs and other material on record shows that involvement of accused in the incident is doubtful -..........
Indian Penal Code, 1860, Section 304 - - Culpable homicide not amounting to murder - Genesis of incident - Accused contended that incident occurred on account of an attempted act of sodomy by deceased upon accused `J' to which accused `H' had objected resulting in lathi blows being inflicted by two sides, rivals to each other - However, there is nothing on record to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of lathi and shoes belonging to accused persons - Source of knowledge whether lathi and shoes actually belong to accused persons is not forthcoming - There is no other evidence to prove said recoveries, thus, it is a very weak type of evidence and cannot be relied upon...........
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 -- Murder - Extra-judicial confession - Accused and deceased were real brothers but their mother declared hostile - All three eye witnesses also turned hostile - No medical opinion that injuries sustained by deceased were sufficient to cause death in ordinary course of nature - Recovery of blood stained lathi not duly proved - Since all..........
