Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Once it has been established and proved by prosecution that all accused came at the place of incident with a common intention to kill deceased and as such they shared common intention, in that case it is immaterial whether any of accused who shared the common intention had used any weapon or not and/or..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - No contradictions between ocular and medical evidence - Presence of all accused established and proved - Prosecution successful in proving that all accused shared common intention - Trial Court rightly convicted all the accused and High Court committed error by reversing conviction and acquitting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 326 -- Bail - Murder - Accused not named in FIR - He had been nominated on basis of statements of injured witnesses and also on basis of disclosure statements of co-accused, admissibility of which would be debatable - Accused has been behind the bar for a substantial..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Accused Nos.1 to 3 were identified by eye witnesses and injured eye witnesses - There are no major/material contradictions in the deposition of eye witnesses and injured eye witnesses - Merely because witnesses were relatives of deceased, their evidence cannot be discarded solely on that..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Overt acts of accused Nos.4 to 11 are different than that of accused Nos.1 to 3 - Case of accused Nos.4 to 11 is not comparable with case of accused Nos.1 to 3 - Moreover, findings recorded in respect of acquittal of accused Nos.4 to 11 are on appreciation of evidence on record and view..........
Indian Penal Code, 1860, Section 302, 394, 411, 120B, 34 -- Murder - Testimony of sole eye witness - Time mentioned in the FIR and stated by PW1 has a remarkable difference and it is a major contradiction in the statement of alleged eye witness - Motive of crime has neither been alleged nor proved - Evidence of PW1 does not have a ring of truth - Source of light though..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1/brother of deceased stated that deceased went along with accused persons at night - However, there is variation regarding sequence of events which happened prior to accused meeting deceased or deceased meeting PW1 - Moreover, circumstance of last seen by itself..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - Accused confessed the crime before PWs 1 to 4 - Evidence of these PWs is not consistent with each other - Extra judicial confession leading to discovery of dead body not proved...........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Recovery of gold ornaments at the instance of A-1 - Test Identification Parade of properties recovered was not conducted in terms of R.35 of Criminal Rules of Practice which is mandatory - Even, I.O admits that though he claims to have taken signatures of accused and mediators on the..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PW2 who claims himself to be last seen witness went to his in-laws house when he got information that his mother/deceased was murdered there in night - He is thus, not a last seen witness who saw his mother in company of accused - PW2 did not see accused killing his mother - On..........
