Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 302 -- Non appealing accused - Conviction of appealing accused unsustainable - Case of non appealing accused on same footing - Benefit of decision must be extended to non appealing accused inspite of fact that he had not challenged conviction which had attained finality...........
Indian Penal Code, 1860, Section 302 -- Statement of eye witnesses found corroboration from medical evidence - Blood stained sword where serologist found blood of human origin was recovered at instance of appellant - Eye witnesses stood test of cross examination - Conviction cannot be interfered with...........
Indian Penal Code, 1860, Section 302 -- Murder - Gun shot - Defence plea that gun accidentally fired when child was fondling with it - Case based on circumstantial evidence - All the circumstances taken together namely, the deceased was lastly seen alive in the company of the appellant; the deceased was subjected to ill-treatment and appellant had evil-eye on her and her..........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - First version of incident coming from PW1 son of deceased and recorded by police but suppressed by prosecution - I.O. admitting having recovered incriminating articles from open place - PWs1 and PW4 not only changing manner of incident but also place of incident - PWs1 and PW4 stating that accused 3 & 14..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Circumstances shrouding dying declaration in mystery - Deceased after incident taken to private hospital - No record produced nor doctor examined even on fact whether deceased was conscious - Deceased shifted to other hospital and she died within 2-1/2 hours of..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Single eye witness - Evidence of PW 1 that deceased was first raped was rendered false by medical evidence - His further evidence that he was rendered immobilised because of attack on him by accused also not supported by any medical evidence - Unnatural conduct of PW 1 that he did not resist or ran or shout for..........
Indian Penal Code, 1860, Section 34, 201, 302 -- Appeal against conviction - Circumstantial evidence - No conclusive evidence of accused and deceased being last seen together - Statement of witnesses on point of extra judicial confession full of contradictions on material aspects - Witness to whom extra judicial confession made having no intimacy with accused as such there..........
Indian Penal Code, 1860, Section 302, 201 -- Conviction - Appeal against - Case based on circumstantial evidence - Circumstances must be proved by cogent evidence and circumstances so proved must point unerringly towards guilt of accused and should not be inconsistent with innocence of accused - Incriminating circumstances against accused were that bicycle of deceased was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder by two accused - Three eye witnesses - PW-1 eye witness confronted with his earlier statement where he had not claimed to have seen the attack and hence could not be relied - PW-2 eye witness also confronted with her statement and was not reliable - Evidence of third eye witness found fully reliable and remained unshaken..........
Indian Penal Code, 1860, Section 306, 302 -- Charge u/s 302 IPC - Acquittal u/s 302 but accused convicted u/s 306 - Offence u/s 306 is not minor offence as compared to offence u/s 302 - Conviction u/s 306 set aside...........
