Indian Penal Code, 1860, Section 302, 148, 149 -- Conviction - Delay in lodging FIR satisfactorily explained - Testimonies of eye witnesses reliable and trustworthy and inspire confidence - Witnesses identified appellants in the torch light and moonlit night - Some discrepancy as to who flashed the torch light are insignificant - No contradictions and inconsistency between..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction by trial Court acquittal by High Court - Conclusions of High Court contrary to evidence - Nothing on record to discard the testimony of eye witnesses - Name of one PW was there in inquest report - Held, that inquest report need not contain the names of all PW's - Delay in dispatch of FIR explained - Held that..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Prosecution witness allegedly saw 2 accused persons stabbing deceased with knife in light of his scooter`s headlight - Contradictions found in statement of prosecution witnesses and documents produced - As per medical report body brought was unidentified - No explanation given by police..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Appeal against - FIR lodged without delay - Nothing improbable in the description of incident as mentioned in FIR - Corroboration between ocular and medical evidence - Presence of torch and moon light sufficient for identity of accused who was known to the witnesses - Conviction of accused `A' sustained...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 354 -- FIR - Delay - Delay in a case of sexual assault, cannot be equated with the case involving other offences...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- FIR - Rape - Delay in lodging FIR and lack of prejudice and/or prejudice caused because of such delayed lodging of FIR does not per se apply to cases of rape...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Not explained - Raises considerable doubt regarding the genuineness of the complaint and the veracity of the evidence of the compliant...........
Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 154, 157 -- Not a rule of universal application that when there is delay in lodging FIR and/or delay in despatching the report of Elaka Magistrate and/or medical evidence at some variance with the ocular evidence, prosecution has to fail - In the instant case the combined effect of the above..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Discrepancy in ocular and medical evidence - Glass bottle filled with petrol ignited and thrown at deceased - Report of doctor that there were no injuries by glass pieces - Delay in lodging FIR - Delay in sending FIR to Magistrate - Acquittal of appellants by High Court confirmed...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay in lodging FIR - Delay fully explained from the circumstances and the evidence - Even otherwise evidence of prosecutrix found to be cogent, convincing and trustworthy - Delay if any, paled into insignificance...........
