Indian Penal Code, 1860, Section 302 -- Murder - Accused was caught on the same day of incident along with weapon of offence - Forensic report and other evidence proved that knife recovered from accused was used in the commission of crime and blood found on the same is matched with blood of deceased - Eye witnesses are reliable - Entire evidence put together by prosecution..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Parties assembled at the place of occurrence for the purpose of celebrating the birthday of PW24 - Quarrel happened suddenly between deceased and A-2 while consuming liquor - Though it is stated that A-1 had made an attempt to shoot the deceased - Very said fact alone cannot be a ground to bring it..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Circumstantial evidence - Recovery of weapon of offence - Recovery from an open place accessible to all - Only on the basis of circumstance of recovery, it cannot be said that prosecution has proved the case beyond reasonable doubt - Accused acquitted...........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - Evidence tendered by eye witnesses suffered from serious lacunae - Their evidence cannot be said to be credible - There are glaring inconsistencies in the prosecution version which have been magnified by absence of testimony of material witnesses and ballistic report coupled with the non-recovery of weapon of crime..........
Indian Penal Code, 1860, Section 302 -- Murder of father-in-law by son-in-law - Weapons were not sent for chemical analysis - When motive of crime, presence of accused at the time of occurrence, his fleeing away from the house of deceased and recovery of weapon or knife have been established, mere fact that weapons were not sent for chemical analysis does not affect its..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Accused had given the dhariya blow on the head of PW6, which was a sharp cutting weapon which was recovered from accused - Endorsement by doctor in the history that injury was caused by accused as well as other witnesses testified on the particular date and time on the PW6 attack was made by Dhariya as well as..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Medical evidence - Only one kind of weapon i.e chopper was used in committing the crime - Evidence of doctor proved the injuries but suggested possibility of use of different weapons in causing those injuries - Though evidence of doctor may not be matching with that of prosecution, but ocular evidence of injured eye..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Apology - An apology must evidence remorse with respect to the contemptuous acts and is not to be used as a weapon to purge the guilty of their offence - Apology lacking in sincerity and not evidencing contriteness, cannot be accepted...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased/wife was living with her parents and accused/husband approached PW1 and requested him to send deceased - However, deceased not intended to go along with her husband/accused - Therefore, in a sudden provocation, in a spur of moment, accused went inside the house, picked up an axe and hacked..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Recovery of weapon of offence - Recovery was allegedly made from open space in a garden - Place was thus, easily accessible to many - Neither PW15 nor PW20 have stated that weapon and cartridges were buried underground and were recovered only after..........
