Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Accused formed an unlawful assembly with common object to cause death of deceased and in furtherance of common object injuries were inflicted to deceased and other family members - All members of unlawful assembly acted in furtherance of common object to cause death of..........
Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Non-production of subscriber of FIR - Merely because complainant at whose instance report was written by subscriber, has disowned some of facts mentioned in report during trial, it cannot be inferred that those facts were averred in the report by subscriber at his own, as..........
Indian Penal Code, 1860, Section 148, 149, 364, 324 -- Unlawful assembly - Common object - Abduction - Eye witnesses/interested witnesses - Incident occurred inside the house of deceased - It is only the family members who could witness it - PW4 is an independent witness and was also injured during incident - His testimony corroborates the testimonies of other..........
Indian Penal Code, 1860, Section 148, 149, 364, 324 -- Unlawful assembly - Common object - Abduction - Appellants armed with deadly weapons allegedly raided the house of deceased and abducted him in order to murder him - Evidence on record shows that right from the beginning appellants shared common object of assembly at all stages - No infirmity in the impugned order of..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Accused claiming parity with acquitted co-accused - Accused and co-accused were convicted only on the basis of eye witness `G' - However, evidence of eye-witness `G' is highly unreliable, as specific injuries attributed by him do not carry any weight - Accused can justifiably claim parity with co-accused who have..........
Indian Penal Code, 1860, Section 124A, 120B, 147, 149, 34, Constitution of India, 1950, Article 19(1)(a), 19(2), 51A, Criminal Procedure Code, 1973, Section 439 -- Bail - Sedition - Freedom of speech and expression - - Raising anti-national slogans in Jawaharlal Nehru University (JNU) campus - Photographs on record shows the presence of petitioner, president of JNU..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Three eye witnesses to the occurrence - One declared hostile - However, statements of two eye witnesses record after 3 days of occurrence - No explanation for such delay - More so, there is no evidence on record as to how police came to know that these witnesses saw occurrence - Delay in recording statements of eye..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder - Non-examination of injured witness - Injured witness was not examined as he was kidnapped at the relevant period - Non-examination of injured witness, held, not fatal to prosecution case and same cannot be a ground to disregard the evidence of eye witnesses...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Non-examination of independent witness - Entire case of prosecution cannot be discarded merely on the ground of absence of independent witness, as long as evidence of eye witness, though interested is trustworthy...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Discrepancies in the evidence of eye witness - Evidence of PW1, an eye witness, who lost his three sons in fateful incident was consistent and there is no major deviations or discrepancies in his evidence - Any minor discrepancies in the evidence of PW1 due to long gap between the date of..........
