Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Last seen theory - Merely because accused was last seen with deceased, he cannot be convicted solely on that basis, particularly when there is no other connecting links and no other incriminating circumstance which leads to hypothesis of guilt against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused was armed with a wooden leg of cot in his hand which cannot be termed as a dangerous weapon - He had no knowledge that deceased would die through a single blow - Accused had no intention to kill his uncle - He is thus, liable to be convicted u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Quarrel took place between parties regarding borewell prior to incident in question - Threats were administered by accused - Prosecution proved discovery of weapon of offence - Blood group of deceased was found from weapon which was discovered at the instance of accused - More than one injuries..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained knife - Knife was recovered from possession of accused pursuant to memorandum statement of accused and in FSL report, blood was found on knife - Merely because blood group could not be ascertained, FSL report cannot be ignored - Recovery is proved...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Merely on basis of some infirmity in dying declaration that it does not contain signature of declarant and it was not recorded by doctor or Magistrate, it cannot be solely discarded particularly when date and time has duly been recorded in dying declaration and one of..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Conviction based basically on the testimony of P.W.6 - Evidence of witnesses amply clear that P.W.6 could not have witnessed the incident - Medical evidence cannot be used to corroborate that P.W.6 had witnessed the incident - Only because motive is established, conviction cannot be sustained - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Two extra judicial confessions - Acquittal of some co-accused but conviction of appellant - If such week piece of evidence of co-accused was not duly proved or found trustworthy for holding other co-accused guilty of committing..........
Indian Penal Code, 1860, Section 302 -- Murder - First and foremost aspect to be proved by prosecution is factum of homicidal death - If evidence of prosecution falls short of proof of homicidal death of deceased, and if possibility of suicidal death could not be ruled out, appellant-accused could not be convicted merely on the basis of theory of "Last seen together"...........
Indian Penal Code, 1860, Section 302 -- Murder - Single injury - There is no hard and fast rule that in case of single injury, provisions of S.302 IPC would not be attracted...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Common intention - Accused had given knife blow on neck of deceased which resulted into death of deceased on next day - Considering opinion of doctor, weapon used in committing offence and body part where knife blow was given, accused had intention to cause death while deceased was caught hold by two other accused -..........
