Indian Penal Code, 1860, Section 97 -- Right of private defence - Mere reasonable apprehension is enough to put the right of self defence into operation and it is not necessary that there should be an actual commission of offence in order to give rise to right of private defence - It is enough if accused apprehended that such an offence is contemplated and is likely to be..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Right of private defence - Accused reasonably apprehended danger to his life when deceased `S' and his brothers started strangulating him after pushing him to floor - Shooting took place in a sudden fight in a heat of passion - Though accused exceeded his power of self defence but exercise of right was in..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused and his father firing at deceased `K' - It is difficult to say with certainty that shots which hit deceased `K' were fired by accused - Benefit of doubt must be given to accused - Accused not guilty of murder of deceased `K'...........
Indian Penal Code, 1860, Section 34 -- Common intention - Merely because two accused were armed, it cannot be said that they both are responsible of murder of deceased - Accused killed the deceased in exercise of his right of private defence - Co-accused may or may not have acted out of desire to protect accused - He did not share same intention as that of accused - It is..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Consenting party - Age of prosecutrix as per ossification test in the absence of any other evidence is above 16 years - Both accused and prosecutrix were familiar with each other and she was on visiting terms at accused's residence - Nothing on record to show that prosecutrix was in forcible detention, as..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - No money transaction between accused and deceased proved on record as alleged by prosecution for proving the motive of crime - No tangible evidence placed by prosecution to prove that deceased was involved in the murder of brother of accused - Motive of crime not proved by prosecution...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of an axe from accused `K' - Blood group alleged to be found on the axe is inconclusive - Moreover, PW9 stated that two axes were shown to him, which were not blood stained - Such statement of witness transpires that investigation of the case was not fair, as such no reliance can be placed..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of motorcycle from accused `K' - Merely because tyre tread impressions at the spot matched with motorcycle of accused, it cannot be said to be incriminate circumstance against accused, as such a vehicle can easily be available in the market and same used by lacs of people in the country...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of driving license of deceased from accused `S' - Pocket diary recovered from pocket pant of body of deceased - Name of deceased was written on the first page of said diary - This circumstance shows that accused `S' did not take out copy of driving licence from the pocket of deceased with..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained clothes of accused - Prosecution failed to prove that blood group of deceased, matched with blood found on the clothes of accused - Circumstance of recovery of blood stained shirts from accused, thus, cannot be made basis to uphold conviction of accused...........
