Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Contradiction in the evidence of PW1 and PW18 regarding recovery of weapon of offence - This makes the prosecution case vulnerable as far as discovery of stick at the instance of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Husband not disputed his presence at home at the relevant time - He failed to offer any explanation or gave false answer as to how wife received injuries - Defence of robbery taken by husband not proved as nothing on record to indicate that he had suffered any injuries - On the other hand there were..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused gave blows with a stick on the head and legs of deceased after the quarrel between them - Weapon used in a crime is a stick which was lying in the house and which by no means can be called a deadly weapon - Possibility of accused causing death of deceased while being deprived of power of self..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant/PW1 was not reliable and could not have formed basis of conviction - PW1 was influenced by Sarpanch whose active participation in proceedings subsequent to incident cannot be ruled out - Medical evidence did not support the prosecution case, as weapon of assault could not have caused injury on deceased..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Participation and role of A-1 in crime is shown as per evidence on record - Fatal injuries caused to deceased by weapon recovered from A-1 - Testimonies of eye witnesses corroborated by medical evidence - Case against A-1 is proved - A-1 rightly convicted...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained weapon not proved - Motive of crime as alleged by prosecution also not proved - Blood stains found on the materials not matched by prosecution with blood sample of victim - Evidence of PW1 is hearsay evidence and on the basis of which conviction cannot be recorded - Prosecution failed to prove its..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden quarrel picked up by accused when deceased asked them not to shout and vacate the place - No previous motive for accused to kill deceased and neither was there any previous enmity between accused and deceased - Accused were not armed with any weapon when they came to place..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........
