Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder case - FIR recorded in a continuous manner without leaving any possibility of insertion - Contention that FIR was written at police station in consultation with police and deliberate gaps were left in FIR with a motive to fill the same at a later point of time, rejected,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prior enmity - Presence of accused `B' at the spot and his participation in crime proved by eye witnesses - Mere externment would not be a ground to say that accused `B' was not at the place of incident, once accused `B' was seen at the place of incident firing deceased - Moreover, alleged externment..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prior enmity - Weapons of offence recovered at the disclosure statement of accused `D' and it was he who pointed out the place where weapons of crime was hidden - It was not possible that accused `D' was not aware of place of hiding of weapons used in the incident - Moreover, accused `D' admittedly a..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302 -- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Recovered articles i.e axe and clothes were sent to FSL - However, in FSL report, no blood was found upon axe, so also, blood group upon clothes of accused, did not match with blood group of deceased - Recovery of axe and clothes of accused thus, cannot be accepted as evidence so as to..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Two witnesses of extra judicial confession turned hostile - I.O did not turn up to give evidence in support of prosecution case - In FIR neither any assertion is made with regard to last seen nor any motive/intention was disclosed for murder of deceased - Prosecution thus failed to prove..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - 10 to 12 dacoits armed with deadly weapons entered in the village and committed dacoity in the houses of villagers, which resulted in death of one villager and two accused - 8-9 co-accused were never traced out except present accused - However, evidence for recording conviction of accused is not reliable -..........
Indian Penal Code, 1860, Section 376(g), 392, 34 -- Gang rape - Testimony of prosecutrix - Prosecutrix contradicted herself regarding the whole incident - Her conduct during alleged ordeal is also unlike a victim of forcible rape and betrays somewhat submissive and consensual disposition - More so, from the nature of exchanges between her and accused persons as narrated by..........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 149 -- Murder - All the five eye witnesses have named A1 to A7 - Other accused have not been named by PW11 and PW18 - PW10 attributed specific role only to A1 to A7 in assaulting deceased - Conviction of A1 to A7 upheld - However, benefit of doubt given to A10 and A11, as they have not been named by PWs...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 307, 323, 506, 148, 149, Arms Act, 1959, Section 25 -- Bail to juvenile - Offence u/ss 307, 323, 506, 148, 149 IPC and S.25 of Arms Act - Bail denied as petitioner was a member of unlawful assembly - However, there is no allegation against petitioner which may..........
