Indian Penal Code, 1860, Section 302, 34 -- Murder - Injury found in post mortem report of deceased completely consistent with ocular version of PWs, who stated that co-accused is the author of said injury - PWs consistently stated that none of present appellant had dealt any blow by any weapon and all that they did was to participate in the scuffle - No evidence on record..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - Motive of crime is not necessarily required to be proved - But where accused are named on suspicion by informant in FIR, motive appears to be relevant fact...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - Testimony of chance witnesses - No evidence on record that how chance witnesses who stated that they heard altercation between accused and deceased after midnight, knew them - Testimony of chance witnesses cannot be said to be reliable or trustworthy, particularly..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - Medical evidence not supported the ocular evidence as stated by chance witnesses - Motive of crime not proved on record - In FIR it is not mentioned as to why deceased had gone in his separate scooter with accused from his house - Accused were named on suspicion by..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Merely because injured was not taken to nearest hospital, it does not create doubt as to place of incident, particularly when injured was in critical condition and there were no facilities to treat the critically injured patient at nearest place...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder case - FIR is not an encyclopedia and if necessary details are there, on its basis detailed narration by witnesses cannot be doubted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Discrepancy between wound certificate and post mortem report - Addition of stitched wounds in post mortem report does not create doubt regarding incident in question, particularly when doctor stated that deceased needed immediate treatment and as such only gross injuries were entered in register...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Source of light - Incident occurred at 7.30 pm - Accused contended that it is not clear as to how PW1 recognized the accused - Contention rejected, as accused were close relatives living in the house of witness, as such, it cannot be said that it was difficult for PW1 to recognize them when they assaulted her brother...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Non-recording of dying declaration - Deceased was not in a conscious condition when admitted to hospital - As such there is no question of recording dying declaration of deceased in such a critical condition...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Property dispute between family members - Testimony of sole eye/injured witness - Statement of PW1, is corroborated by not only PW29 and PW30 but also by medical evidence on record - FIR lodged promptly and copy of the same sent to Magistrate without any delay - All three accused were absconding from village after the..........
