Indian Penal Code, 1860, Section 302, 307, 323, 34 -- Murder - FIR is incorrect based on false allegation after preparation of inquest report - Injuries sustained by two accused persons in same incident not explained by prosecution - Prosecution also failed to explain as to what happened to weapons alleged to have been used by accused during incident - No evidence on..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, Criminal Procedure Code, 1973, Section 378 -- Murder - Prosecution witnesses made important and material improvements in the original case of prosecution - Evidence of witnesses shows that only one shot was fired on the deceased - Post mortem report shows 16 gun shot injuries on the deceased - Injuries sustained by other..........
Indian Penal Code, 1860, Section 302, 307 -- Murder or attempt to murder - Proof - Doctor conducting post-mortem examination stated that no internal injuries were found and gun was fired from a distant range - Doctor opined that death was caused because of shock but he has nowhere stated that it was due to injuries caused by appellant - Held, for holding an accused guilty..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Accused alleged to have killed his uncle and aunt by firing gun shots - Prior to incident there was a joint family and deceased were living amicably with accused - Prosecution failed to show that in past or immediately prior to incident some altercation took place..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 227 -- Attempt to murder - Discharge - Accused armed with gun but gun not used - Held, it shows that in case accused had any intention to kill, said weapon would have been used by them - Accused rightly discharged from offence u/s 307 IPC...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Accused acquitted as : (i) Unnatural conduct of PW1 not only casts a doubt upon his statement but also renders investigation and timings as recorded in case diary highly doubtful; (ii) Glaring inconsistencies in the statements of fact witnesses; (iii) Motive alleged does not sound logical; (iv) Prosecution version..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Accused pleaded that pellets were not found by doctor in chest of deceased during post-mortem - Medico legal evidence shows that bullet pierced across the chest and oval shape of wound was found - Specific allegations of firing gun shot corroborated with medical evidence - Minor contradictions..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Appellant convicted solely on the basis of evidence of PW1, who was one of the brothers of deceased, when other brother viz., PW3 did not corroborate him - There was no recovery of alleged weapon used in incident - Pellet alleged to have emanated from gun also not got recovered - Appellant did not..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Gun shot injury - Not on vital part of body - To attract S.307 IPC injury need not be on the vital parts of the body - A gun shot, may miss the vital part of the body, may result in a lacerated wound, that itself is sufficient to attract S.307 IPC...........
Indian Penal Code, 1860, Section 302, 307, 323, 148, 149 -- Murder - Unlawful assembly - Common object - Appeal against Conviction - Accused acquitted - None of the injured or eye witness except PW1 named the accused in their respective statements before police but improved their version during trial by implicating him - Contradiction in material particulars which..........
