Indian Penal Code, 1860, Section 307, 450 -- Attempt to murder - When testimony of victim and relevant witnesses were very much trustworthy and reliable, mere non-recovery of any weapon from second place of occurrence will not be fatal for prosecution case...........
Indian Penal Code, 1860, Section 307, 450, 325, 451, 221, 464 -- Nature of offence - No specific evidence of any preparation for causing harm to victim by accused - No weapon of offence was seized from the second place of occurrence - Injuries as inflicted upon victim also do not justify any inference to attract S.307 IPC - Proper provision for convicting accused would be..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - I.O did not seize the blood-stained soil from the place of occurrence nor blood stained clothes of deceased were sent for necessary analysis to FSL - Even there is no recovery/discovery of weapon allegedly used in commission of alleged incident from any of appellants - It is specific defence..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Incident occurred between two family members - There are discrepancies and inconsistencies in the evidence of PWs - However, crux of prosecution case is unshaken and undeniable in view of evidence of injured witness being corroborated by medical evidence - Injury was received on the vital part of body of..........
Indian Penal Code, 1860, Section 302, 326 -- Murder - Appellant stabbed deceased as per PWs - Presence of appellant at the place of occurrence was established by witnesses - Medical evidence supports the ocular evidence - Independent witnesses have also supported the prosecution case - Motive has also been proved as all the witnesses have stated that appellant was refusing..........
Indian Penal Code, 1860, Section 364A, 307, 34, Arms Act, 1959, Section 27(1) -- Offence u/ss 364-A, 307, 34 IPC - Nothing on record to indicate that there was any demand of ransom from his family - PW4 was allegedly hit by bullet, however nothing on record to indicate and prove that PW4 was taken to any hospital - Moreover, non-examination of I.O and doctor and absolute..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of weapon used in the crime - Evidence of I.O. and Panch witnesses reveal that recovery of weapon was made from an open place - No reliance can be placed on such recovery - Conviction solely based on such recovery would not be tenable - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder - No weapon of assault has been recovered from accused - Only basis to implicate accused is suspicion on account of alleged reclaiming of land by informant from accused about three years back - Mere apprehension..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon at the instance of accused - Witnesses of recovery not stated that discovery was made from a place disclosed by accused in their presence - Memorandum recording the statement of accused has not been duly proved - Recovery of knife at the instance of accused not proved...........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - A-2 assaulted deceased on his head and forehead by using dangerous weapon like chopper, then A-4 threw a stone on his right knee and he picked up another stone and punched it on the mouth of her father - Complainant and injured eye witnesses clearly stated the incident and intention of accused was to do away with..........
