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 -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 364A, 302, 201, 34 -- Interim bail - Cancellation - High Court while granting bail failed to notice crucial aspects which have a bearing on whether or not a case for exercise of jurisdiction to grant bail u/s 439 Cr.P.C was established - High Court also failed to note that crucial witnesses..........
Indian Penal Code, 1860, Section 302, 149, 148, Arms Act, 1959, Section 25, 27 -- Murder - Presence of accused established all through which was referred to in FIR and in the evidence of all concerned eye witnesses - Eye witness account shows participation of accused in the initial scuffle in which deceased were pushed as well as in the exhortation - Evidence of eye..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - High Court granted bail to accused without taking into consideration the relevant facts and circumstances and appropriate evidence which proves that accused has been charged with a serious offence - Grant of bail to accused only on the basis of parity shows that order..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was strangulated to death by accused and an attempt was further made to conceal his identity by pouring acid over the body - Medical evidence shows that deceased was assaulted by two or more persons and that injuries were homicidal in nature - Landlord of..........
Indian Penal Code, 1860, Section 302, 307 -- Murder of mother by son - Death sentence - FIR shows that there was some quarrel between condemned prisoner and deceased - Accused t not deliberately with pre-mediation committed the crime - Moreover, there is no criminal antecedent against accused - Even there is no report from Jail that he mis-conducted himself while being..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Allegation of administering overdose of intoxicant to deceased is against co-accused - No allegation on record that accused ever met deceased or inflicted injury upon him - More so, as per medical report of deceased no poison found in body of deceased - Trial of case is..........
