Indian Penal Code, 1860, Section 147, 179, 302, 323, 324, 325 -- Murder - PW5 while deposing in Court contradicted his earlier statement recoded by police and made several improvements - Testimony of PW5 not reliable - Blood on recovered Kassis and clothes not proved to be of the same group or of the blood group of deceased - Recovery of said articles disbelieved as same..........
Indian Penal Code, 1860, Section 392, 397, 302 -- Robbery - Murder - Prosecution proved that death of deceased was a case of murder - Deceased received firearm injuries - It is vivid that accused who used firearm intended to cause death - Medical evidence corroborated by eye witness account supported prosecution case - More so, accused himself lent assurance to testimony..........
Indian Penal Code, 1860, Section 302, 304B -- Charge framed u/ss 302, 304-B IPC - Charge u/s 304-B IPC quashed - Trial Court can convict accused for such offence - Conviction of accused only u/s 302 IPC is found faulty and thus, set aside - Matter remitted back to trial Court to proceed against accused from the stage of defence evidence...........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Non-production of independent witness - Merely because no independent witness is produced by prosecution, case of prosecution should not be thrown overboard particularly when PWs supported prosecution case and two person immediately at the time of incident rushed to police and submitted their written..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Recovery of blood stained articles at the instance of accused - Blood stained lathi, iron pipe recovered at the instance of accused and blood group found on these articles matched with blood group of deceased - Wearing apparels of deceased were also sent to FSL - All these recoveries, conclusively link..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Deceased subjected to severe beatings at the hands of accused which led to their death - Dead bodies of deceased were dragged by accused and after that lying in the house of one of accused - On hearing hue and cry, all the witnesses rushed to the place of incident and saw the incident - PWs proved..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping & murder - Accused also charged with fabricating power of attorney and selling properties of deceased - Though deceased was an unmarried lady but she has two sisters and nephews, living in the same place and there is no reason to give power of attorney to appellant being a total stranger - Voter card of deceased..........
Indian Penal Code, 1860, Section 302, 341, 506(ii) -- Murder - Deceased receiving 16 stab wounds on his body, soon thereafter deceased lost consciousness - Both the carotid artery and jugular vein were found cut and was sufficient in the ordinary course of nature to have caused death - Assault was deliberate and designed to achieve the death of deceased - Evidence of PW1..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Attack was not a premeditated one nor was there a prior concert - Initially settlement talks were on and fight started suddenly - Accused were not armed as they collected sticks from bullock card on the exhortation by A-1 - There may be similar intention in the minds of accused but it cannot be said..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of dead body - It is neither an absolute necessity nor an essential ingredient to establish corpus delicti - Fact of death of deceased must be established like any other fact...........
