Indian Penal Code, 1860, Section 302 -- Murder - Non-recovery of weapon of offence would not materially affect prosecution case when there is ample ocular evidence corroborated by medical evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased has been attacked by accused in broad daylight and there is direct evidence available to prove the same - Motive behind the attack is also apparent considering there was previous enmity between accused and PW1 - Prosecution discharged its duties in proving guilt of accused for offence of murder - Conviction upheld...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Accused allegedly poured hot lali (raw material used for preparing liquor) upon deceased - Medical evidence on record shows that there were 75% burn injuries on chest of deceased - Oral dying declaration of deceased made before PW2 stands corroborated with medical..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - There is nothing improbable in the examination-in-chief (PW1) more particularly considering a very scant & deficient cross-examination - There is nothing palpable or glaring in the evidence of the eyewitnesses - However, the evidence of the discovery of a pistol at the instance of the appellant cannot prove that..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Case falls into category of culpable homicide not amounting to murder u/s 304(Part II) IPC for the reasons : (i) There was no pre-meditation of mind to commit murder; (ii) All the accused were admittedly not armed when they stopped the vehicle of deceased and his friends and compelled them to alight..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 302, 201, 120B, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - While granting bail High Court not considered heinous nature of allegations, gravity of offence alleged and severity of punishment in the event of ultimate conviction - Ex facie the allegations are..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of firearm - Discrepancy on the mode of travelling to place from where recovery u/s 27 of Evidence Act was made along with witnesses - Contradictions were found with respect of place of arrest followed by disclosure statement - Ballistic report is inconclusive with respect to firearm..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence as deposed by prosecution witnesses itself would demonstrate that version of prosecution may not be correct - Conviction set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 9 -- Murder - Non-holding of Test Identification Parade (TIP) - Witnesses had already been exposed to accused in police station - After all, TIP is only a part of an investigation and therefore nothing more can be attached to it - It is the duty of prosecution to prove its case beyond reasonable doubt -..........
Indian Penal Code, 1860, Section 302, 307, 328, 120B -- Double murder - Attempt to murder PW66 - Statement of sole child eye witness/PW66 - Name of accused was not disclosed in the statements of PW66 - PW66 was attempted to be killed and may have been threatened - Moreover, looking to tender age and fact that he suffered injuries on the neck which has been established and..........
