Indian Penal Code, 1860, Section 302, 34 -- Murder - Prosecution concealed true genesis of incident and failed to establish circumstances in which accused is alleged to have caused injuries to deceased - Testimonies of eye witnesses suffers from serious inconsistencies and contradictions - There was huge undue delay in lodging FIR - Oral evidence is totally irreconcilable..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Main accused not convicted u/s 34 or S.149 IPC, therefore each individual accused can only be convicted for injury attributed to that individual...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Identification of dead body is in fact not very clear as same was highly decomposed - There is no conclusive evidence that it is accused who committed murder of deceased - No such incriminating evidence adduced by prosecution pointing out guilt of accused in commission of murder of deceased -..........
Indian Penal Code, 1860, Section 302, 436, 34 -- Murder - Testimony of eye witnesses - Serious discrepancy found in eye witnesses account regarding time of their arrival at the spot - Evidence of medical jurist and I.O regarding absence of wire marks on dead body, duration for which dead body of deceased would have kept burning for it to present signs which were notice in..........
Indian Penal Code, 1860, Section 302, 201, 452, 506, 34 -- Murder - Circumstantial evidence - Last seen evidence - Conduct of last seen witness PW14 creates dent in prosecution story as he remain silent for a considerable long period i.e nearly one month - PW14 knows the family of deceased and he knows deceased was missing and also knows that family of deceased entertains..........
Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Murder - Robbery - Handwritten letter which alleged to be given to deceased by accused was seized and same was proved to be written by accused as per handwriting expert - Question with regard to alleged letter was put to accused during their statement u/s 313 Cr.P.C but except vague..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Solitary testimony of a child witness - Murder - Robbery - Child witness is 10 years old at the time of incident - He specifically and categorically stated as to how incident took place and manner in which A-1 opened gunshot on his father/deceased..........
Indian Penal Code, 1860, Section 302, 201, 382, 467, 468, 420, 210, 411, 120B, 34 -- Murder - Circumstantial evidence - Accused acquitted as following circumstances not proved against them: (i) absence of missing report of deceased; (ii) last seen evidence not proved; (iii) Police not conduced Test identification parade and even there was lot of delay in identification of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Entire prosecution case proceeded on basis that A-4 and A-5 were actual assailants - Charge against present accused was that A-4 and A-5 have conspired with accused - Role of accused is that of conspirators - However, both the Courts below have not found charge of conspiracy proved - Having failed to prove charge of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Gunshot injury - Presence of A-2 is established by consistent evidence of eye witnesses - Admittedly, A-2 was armed with rifle and shared common intention acting in concert with A-1 (since dead) - I.O seized one .12 bore cartridge and one .12 bore empty cartridge from the spot - Case of accused is not..........
