Indian Penal Code, 1860, Section 304(Part II), 324, 341, 147, 148, 149 -- Offence u/ss 304(Part II), 324, 341, 147, 148, 149 IPC - Fifteen named accused and some unnamed accused were mentioned in complaint itself - However, no motive alleged in the complaint - No independent witnesses examined apart from injured witnesses to prove prosecution case - Even injured witnesses..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Test Identification Parade (TIP) - Delay of 55 days in conducting TIP - Murder case - Prosecution did not take any effort to arrest or interrogate accused for 6 weeks despite their involvement was brought to light - No reasonable explanation given for inordinate delay of 55 days in..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Incompatibility between post mortem report and FSL report - Post-mortem report describes that there were only two wounds in the body of deceased, one being entry and other exit wound - Allegedly a bullet was still recovered from ashes of deceased - FSL report shows that bullet was charred and blistered - This..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Defective investigation - Place of occurrence not ascertained - Prosecution failed to examine one person which was also injured in the same incident - No independent witness adduced by prosecution - Though charges u/s 307 IPC is framed but prosecution failed to substantiate the same by means of evidence -..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of A-1 and A-2 at the time of incident established and proved beyond doubt - Role attributed to them also proved and established by prosecution by leading cogent evidence - Testimony of eye witnesses fully supports prosecution case - Defence propounded by these accused rightly discarded by Courts below..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Role of A-5, A-6 and A-7 in commission of crime - Prosecution failed to prove beyond doubt that A-5 fired from his firearm, which missed as alleged - No evidence on record in the form of recovery of weapon or even missed bullet - A-5 thus, entitled to be acquitted on ground of benefit of doubt - So far as A-6 and..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Appeal against conviction - A-4 has not preferred any appeal against his conviction - However, since his case is similar to A-5, A-6 and A-7, by taking suo moto cognizance, A-4 is also entitled to acquittal on ground of benefit of doubt - A-4 acquitted...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54, 59 -- Summoning of additional accused - Land dispute - Complainant and his injured brother stated in FIR and in Court that both petitioners were present on the spot - Even, fire arm injury attributed to petitioner corroborated by medical evidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120B, 149 -- Bail - Offence u/ss 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120-B, 149 IPC - As per prosecution, specific overtacts are attributed to each of the accused - Even, it seems that each injured..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149, 435, 148 -- Delay in lodging FIR - Murder case - Delay of 2 and half hours in lodging FIR - PW1 seeing her own son being brutally attacked, effect of incident on the mind of mother cannot be measured - Being saddened by death of her son, it must have taken sometime for PW1 to come out of..........
