Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - High Court did not appraise the evidence adduced by prosecution witnesses in light of ground urged on behalf of appellant - Order of conviction set aside...........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Appeal against acquittal - Contradictions in statements of all three eye witnesses as to involvement of fourth accused `B' - Eye witnesses confronted with their earlier statement, wherein they alleged involvement of only three accused - Testimonies of these witnesses not believable - Accused `B' rightly..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Prosecution case from the beginning was against only three accused, but how fourth and fifth accused arrayed not explained - Genesis of incident suppressed by prosecution - No evidence on record proving guilt of fifth accused `S' - Statement of PWs 7 & 9 who allegedly called eye witnesses not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in filing of FIR - Offence took place at 4 pm and FIR was lodged at around 11 pm - After the offence injured (now deceased) was taken to a hospital for medical attention which was 11 km away - Then he was taken to military hospital - Therefore, lodging of FIR in instant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused alongwith his brother went to shop of deceased father-in-law to bring back his wife and in quarrel hit knife blows and killed him - Recovery of weapons post disclosure statement of accused - Injuries as per post-mortem report are possible by weapons recovered - Testimony of..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of certain weapons with blood stains immediately on the day after the incident on the disclosure statement of accused, mere fact that those recoveries were not supported by independent panch witnesses, is not a ground to doubt on said recoveries -..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of sole witness - All PWs not supported prosecution case except PW 12 wife of deceased - PW12 concentrated only upon roles of those accused who were directly responsible for having committed certain overt acts - Out of large body of 34 accused,..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Acquittal of co-accused - Recovery of licensed weapon of deceased from house of co-accused not established and despite being armed with double barrel rifle co-accused not used that weapon thus, possibility of false implication of co-accused cannot be..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - FIR was promptly lodged and injuries on person of deceased also shows use of more than one firearm injuries - Even, recovery of weapons from accused persons completely proved on record - Moreover, certain inconsistencies in version of eye-witness does..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Name of accused `R' not mentioned in dying declaration - Word `jeth' referred in respect of accused `R' was not proved as he was neither real brother of accused `B'/ husband of deceased nor his cousin - More so, no eye witness to corroborate that in dying declaration..........
