Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident is not pre-mediated - Pre-mediation was the meeting between prosecutrix/informant and accused which was marred by awakening of deceased/mother-in-law of informant which led to subsequent incident - Lust and passion of accused got better of him leading assault committed upon deceased - Act of..........
Indian Penal Code, 1860, Section 302, 307, 326, 323, 325, 148, 149 -- Murder - Discrepancies found in testimonies of eye witnesses - Prosecution failed to produce any independent witness to corroborate their version - Recovery of weapons not proved - Blood found on the clothes of accused is doubtful to be of deceased, as it is difficult to believe that accused were wearing..........
Indian Penal Code, 1860, Section 302, 394 -- Murder and robbery - Concurrent running of sentence - Accused convicted u/s.302 of IPC for imprisonment for life and convicted u/s.394 of IPC for 10 years - If life imprisonment is punishment that is imposed, the term sentence will have to run concurrently...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Reasonable doubt created with regard to cause of death - Recovery of pillow and shirts containing blood stains tallied with blood group of deceased but seizure witnesses did not support case of prosecution - Seizures alleged to have been made during investigation not proved by prosecution -..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 stated that accused `S' had opened fire - Firearm was recovered from accused `S' and his name appeared in statement given by PW1 - Case against accused `S' proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 has not given any description of persons who were riding on motorcycle of accused `S' - No TIP was got conducted for the same - Case against other accused not proved - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Trial Court has gone beyond the scope of S.302 IPC in awarding life imprisonment till death to accused `S' - Sentence modified to life imprisonment in place of life imprisonment till death...........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession rightly disbelieved as same made in presence of persons with whom accused had not cordial relations - Prosecution has failed to produce any other evidence except so called extra judicial confession - Acquittal upheld...........
Indian Penal Code, 1860, Section 302 -- Murder - Chance Witness - No explanation by witness as to why so early in the morning he had occasion to pass by the place of occurrence especially when distance between his village and place of occurrence is 1-2 miles and in different village - Nothing to show from where he started and where he headed for - There is inconsistency in..........
