Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder case - Delay of more than two months in lodging FIR - Star witnesses before whom extra judicial confessions were made not supported the prosecution case - No likelihood of tampering with or influencing the prosecution evidence - Petitioner in custody for 14 months - Bail..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused acquitted in rape case - Death sentence not called for - Death sentence commuted to sentence for life...........
Last seen together -- Murder - Gun short injury - Accused and deceased were the only ones present in the house at time of incident - It is prosecution who is to prove its case beyond doubt but in the circumstances, such as the present one, some explanation is also due from an accused in order to absolve himself from suspicion of the crime...........
Indian Penal Code, 1860, Section 302 -- Murder - Skeletonizing of body within 4-5 days - Occurrence took place in the month of December - At least a weeks' time is necessary for a dead body to be skeletalised even during very hot summer...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Gun shot - A scuffle took place - Case u/s 307 IPC is not made out...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Ingredients of S.307 IPC are : (i) an intention of or knowledge relating to commission of murder; and (ii) the doing of an act towards it...........
Arms Act, 1959, Section 25 -- If prosecution case of attempt to murder by gun-shot injury fails, resultantly the prosecution u/s 25 Arms Act also fails...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Charge against R as injury was caused by him which resulted in death - He alone is liable to be convicted - Conviction of other accused set aside...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Deceased was last seen alive in the company of appellant - Motive behind death of deceased was business rivalry - Appellant absconded immediately after deceased disappeared - Plea of alibi taken by appellant found false - Chain in the link evidence found complete - Conviction upheld...........
Indian Penal Code, 1860, Section 300 -- Proviso thirdly - Intention to murder - Must be gathered from the backdrop of events and the circumstances attending thereto - Intention to cause the bodily injury, if proved, the rest of the enquiry would be purely objective and the only question is whether the injury is sufficient in the ordinary course of nature to cause death...........
