Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - A-3 has been assigned an active role in the crime - All the eyewitness has categorically stated about his presence and that A-3 was armed with deadly weapon i.e. sword and that he had also wielded blows not only upon the deceased but upon the injured persons - A-3 rightly convicted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(3)(n), 376(h), 376(d), 377, 384, 307, 385, 366, 354, 354(A), 313, 502(2), 506, 504, 323, 34, Arms Act, 1959, Section 4, 25 -- Bail - Rape - Accused had sexually, physically and financially exploited the victim - Both accused and victim are married to their respective partners - Accused..........
Evidence Act, 1872, Section 138, Indian Penal Code, 1860, Section 302, 307 -- Cross-examination deferred - Defence should be asked to cross examine the witness the same day or the following day - Only in very exceptional cases, and for reasons to be recorded, the cross examination should be deferred and a short adjournment can be given after taking precautions and care for..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Plea of grave and sudden provocation - Nature of weapon used, number of gun shots fired at the deceased, part of the body where gun shots are fired all point towards the fact that appellant was determined to kill the deceased - Ultimately, he achieved his task and made sure that deceased is dead - By no stretch of logic..........
Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Right of private defence - Deceased had received 8 to 9 shots from the carbine of appellant which are spread all over his body - Entry wounds exist on the front as well as on the back of deceased's body, which makes it clear that deceased was shot not only from the front but also from the back while he was trying..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Framing of charge - All three accused had opened fire - In order to attract provisions of S.307 IPC, intention is important - There are grounds for framing charge u/s 307 IPC - Charge rightly framed against accused...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Place from where accused are said to have fired is not shown in the site plan by I.O - There is no mention in the recovery memo as to which accused had fired the bullet - No bullets have been recovered from the alleged place of incident - Prosecution has not filed the report of FSL - Even, prosecution has..........
Indian Penal Code, 1860, Section 307, 450 -- Attempt to murder - When testimony of victim and relevant witnesses were very much trustworthy and reliable, mere non-recovery of any weapon from second place of occurrence will not be fatal for prosecution case...........
Indian Penal Code, 1860, Section 307, 450, 325, 451, 221, 464 -- Nature of offence - No specific evidence of any preparation for causing harm to victim by accused - No weapon of offence was seized from the second place of occurrence - Injuries as inflicted upon victim also do not justify any inference to attract S.307 IPC - Proper provision for convicting accused would be..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
