Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction solely on the basis of recovery of tangi - However, there was no forensic matching of blood stains found on tangi with blood of deceased - No witness pre or post occurrence indicating presence of accused at the place of occurrence at the time of incident - There are no other incriminating circumstances beyond..........
Indian Penal Code, 1860, Section 302 -- Murder of father by son - No prior dispute between parties - Injuries were inflicted on deceased in sudden fight - Injuries may be inflicted under the influence of liquor but nature of blows was such that endeavour was to end the life of deceased - It was certainly an act in a cruel and brutal manner taking advantage of situation..........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Accused were aged about 22 and 24 years at the time of commission of crime - They have already served 15 years and also have chance to be rehabilitated in the society - Subsequent conduct of accused in endeavour to escape also put a question mark on their conduct - Imposing fixed term sentence creates a..........
Indian Penal Code, 1860, Section 302, 392, 323, 148, 149 -- Murder, robbery, rioting, voluntarily causing hurt, unlawful assembly - From the deposition of eye witnesses, nothing forthcoming that appellants caused any injury on the deceased and/or participated in any manner in commission of the offence - No evidence that appellants instigated other co-accused - Conviction..........
Indian Penal Code, 1860, Section 302 -- Murder - No evidence on record except last seen evidence against accused - Even, evidence of last seen has not been proved by prosecution as required under law - Prosecution has utterly failed to establish its case beyond all reasonable doubts and chain of events concluded that guilt of accused is not complete - Benefit of doubt..........
Indian Penal Code, 1860, Section 302 -- Murder - Minimum sentence - Any punishment less than imprisonment for life for offence punishable u/s 302 IPC would be contrary to S.302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Reduction of sentence by High Court to sentence already undergone by accused which is less than imprisonment of life is contrary to S.302 IPC and is unsustainable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Parents of deceased who alleged to be eye witness to the incident had seen their son being assaulted by two persons with weapon - PW2 had allegedly fallen unconscious after seeing blood oozing from body of his son - In such situation it is difficult to appreciate these eye witnesses would go..........
