Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Important witnesses have been declared hostile - I.O. not examined - Failure to examine I.O. also means that place of occurrence has not been duly established - Doctor has not been examined and post-mortem report has not been brought on record - Cause of death therefore, remains unproved - Prosecution case suffers..........
Indian Penal Code, 1860, Section 302 -- Murder - Material contradiction in the evidence of PW1 and PW2 - Complainant is also a witness to recovery of pillow whereas neither FIR nor evidence of PW1 and PW2 discloses about use of pillow for pressing mouth of deceased and no evidence of use of the same have been found - Though complainant was not present at the time of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Blows delivered on head of deceased though with knowledge that it is likely to cause death, accused cannot be imputed with an intention to cause death or to cause a bodily injury likely to cause death - Bamboo lathi though seized, there is no reference to any blood stains having been found on..........
Indian Penal Code, 1860, Section 302, 341, 323, 148, 149, Arms Act, 1959, Section 3, 25 -- Murder - Previous enmity between complainant party and accused `G' - No weapon of offence has been recovered by police at the instance of any of accused - Even, there is no FSL Report regarding empty shell of seized cartridge - Further, main accused persons `D', `G' and `Dh' were..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment without premeditation when appellant was in a state of inebriation due to quarrel between appellant and his wife - Death of deceased was caused by a single fatal injury on head caused due to blunt impact - No weapon explaining injury seized - Deceased was..........
Indian Penal Code, 1860, Section 302, 323, 147, 149 -- Murder - Land dispute between parties - Eye-witnesses failed to prove any specific overt act and presence of appellants at the place of occurrence with any common object along with other co-accused who were assaulting informant party - General and omnibus findings of trial Court that all the accused persons were held..........
Indian Penal Code, 1860, Section 302, 304(Part II), 149 -- Nature of offence - Death of deceased took place after about eight days of incident and cause of death is septicaemia due to ante mortem injuries - Act of appellants falls u/ss 304 Part-II, 149 IPC - Since, incident took place more than 43 years ago and now appellants are above 78 years of age, period of sentence..........
Indian Penal Code, 1860, Section 302 -- Murder - Body of deceased was found by police in courtyard of his own house while incident is said to have occurred near temple - Unexplained injuries on body of father and mother of deceased, admitted dispute on partition in family of deceased and lack of clarity on the exact time of death creates a reasonable doubt - Eye-witness..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Appreciation of evidence - None of the witness testimonies indicated premeditation of mind between the accused and co-accused - Further, the eyewitness/informant failed to mention in the FIR any active role of the accused in the alleged offence apart from the role of exhortation - Moreover, general..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Mere presence of the accused on the spot is not sufficient to establish common intention of the accused...........
