Indian Penal Code, 1860, Section 307, 34 - - A-1 carrying pistol shot at PW6 at his chest which pierced through his chest - When PW7, tried to interfere, A-1 shot at PW7 too - Attempt by A-1 was with intention to teach lesson to PW6, as to why he opposed A-3 from spreading rubble in the field and there was some hot exchange between them - Injuries caused to PW6 were..........
Indian Penal Code, 1860, Section 307, 34 - - Quantum of sentence qua A-1 - Considering injuries caused to PW6 i.e gunshot wounds in chest and opinion of Doctor that injuries caused to PW6 are capable of causing death, High Court was not right in reducing sentence of A-1 - Though Court has discretion in awarding sentence, it should be commensurate with gravity of offence -..........
Indian Penal Code, 1860, Section 307, 323, 34Offence - - A-2 and A-3 were not armed at the time of occurrence - They attacked injured with fit and kicked with sticks - Accused held, rightly acquitted u/ss 307, 34 IPC - So far as their conviction u/ss 323, 34 IPC is concerned, High Court rightly reduced their sentence to period already undergone by them considering their..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Body parts of deceased recovered from burning `Bitora' (conical storage of cow dung cakes) - Said Bitora was not in possession of accused, as it was located in open area in the field of one person - Accused was not required to explain circumstances of body parts being found..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Only evidence against accused is last seen by PW4 at 2 pm and by PW5 at 5 pm and later in night, accused with gunny bag on her scooty - Such evidence does not complete chain of circumstances so as to maintain conviction of accused for an offence u/s 302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra judicial confession of accused not proved on record - As regarding recovery of scooty on the basis of disclosure statement of accused, same is also not proved - Even, there is no blood mark on scooty or any other evidence that it was used by accused in disposing of body - Prosecution failed to..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Compromise - Father killed his infant child in the fit of rage for which he has compromised with his wife - Accused has undergone actual sentence of 1 year 10 months and 11 days and 2 years 2 months and 26 days including remission - In view of compromise ends of justice..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 363, 366, 376(2)(i) -- Plea of alibi - Kidnapping and rape case - Defence theory in the form of alibi is absolutely flimsy and untenable, as same is not taken by accused himself - Furthermore, plea of alibi being a weak plea cannot supersede strong direct evidence led by prosecution to bring home guilt of..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i) -- Kidnapping and rape of 4-1/2 years old girl - Testimony of victim - Victim was subjected to brutal vicious sexual assault - She identified accused to be assailant and stated that he fell on her - Victim stated that because of foul act of accused she started bleeding from her vaginal area - Testimony of victim is..........
Indian Penal Code, 1860, Section 380, 411, 413 -- Theft - FIR lodged against unknown persons - Subsequently, alleged recovered stolen ornaments with cash money was said to have been made from accused - Neither identity of recovered article was established nor produced before Court nor alleged recovered article was connected with incident of theft - More so, said recovered..........
