Indian Penal Code, 1860, Section 302, 148, 149, 397, 120B -- Murder - Procured eye witnesses - Accused acquitted - Discrepant statements made by eye witnesses and they also contradicted each other on material facts - Both the witnesses duly confronted with their previous statements recorded u/s 161 Cr.P.C. - Conduct of eye witnesses is unusual, improbable and unnatural -..........
Indian Penal Code, 1860, Section 120B -- Criminal Conspiracy - To attract applicability of S.120-B IPC it has to be proved that all the accused had intention and they agreed to commit crime - It is immaterial whether the illegal act is the ultimate object of such crime or is merely incidental to that illegal act...........
Indian Penal Code, 1860, Section 387, 120B -- Extortion - Criminal conspiracy - Evidence on record establishes that threat contained in ransom letter in all probability emanated from respondent No.2 and role assigned to respondent No.3 was limited to deliver the ransom letter - No evidence on record which proves that there was a meeting of mind of respondent No.3 to commit..........
Indian Penal Code, 1860, Section 364A, 302, 201, 120B -- Kidnapping and murder - Total cumulative effect of entire evidence reinforces the conclusion of guilt against respondent No.2 - Chain of evidence against respondent No.2 does not lead any scope for doubt and in all human probability, act of kidnaping, murder and destruction of evidence must have been done by him - As..........
Indian Penal Code, 1860, Section 302, 120B, 34 -- Murder - Conspiracy - Common intention - Sole eye witness of occurrence - PW9, eye witness was at the spot and saw the occurrence taking place - His statement is consistent with medical evidence - Merely because PW9 not named the accused persons before PW17 and PW8 or left for place `G' without joining the investigation or..........
Indian Penal Code, 1860, Section 302, 120B, 34 -- Murder - Conspiracy - Common intention - Nature of injuries - Deceased died a homicidal death - It is not case of a single injury at the spur of moment - Nature of injuries shows that deceased was completely immobilized, making it difficult for him to escape the place of occurrence and was assaulted by accused persons..........
Indian Penal Code, 1860, Section 302, 120B, 34 -- Murder - Conspiracy - Common intention - Accused `S' was sitting on a motorcycle at some distance at the time of occurrence - No evidence on record that he acted or demonstrated common intention with other accused - Merely because he was seen by PW9 sitting at some distance on a motorcycle, by itself would not lead to..........
Indian Penal Code, 1860, Section 364, 302, 307, 120B -- Kidnapping & murder - Conspiracy - Accused persons armed with hockey and swords assaulted PW15 and forcibly took away his wife and killed her - Motive behind murder of deceased is that marriage between deceased and PW 15 was not liked by parents of deceased as she married according to her own will - Evidence of..........
Indian Penal Code, 1860, Section 364, 302, 307, 120B -- Kidnapping & murder - Conspiracy - Telephonic conversation between other accused persons and accused `J' just before and soon after incident, proved on record - No explanation offered by accused `J' that as to how he was in touch with other accused persons - Extra-judicial confession deposed to PW7 by accused `J' that..........
Indian Penal Code, 1860, Section 364, 302, 307, 120B -- Kidnapping & murder - Conspiracy - Prosecution though proved that there were conversation between other accused and accused `D' but such communications were from a land line number which stands in the name of brother of accused `D' - No evidence on record that said land line number was under exclusive control of..........
