Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder - Non-examination of injured witness - Injured witness was not examined as he was kidnapped at the relevant period - Non-examination of injured witness, held, not fatal to prosecution case and same cannot be a ground to disregard the evidence of eye witnesses...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Non-examination of independent witness - Entire case of prosecution cannot be discarded merely on the ground of absence of independent witness, as long as evidence of eye witness, though interested is trustworthy...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Discrepancies in the evidence of eye witness - Evidence of PW1, an eye witness, who lost his three sons in fateful incident was consistent and there is no major deviations or discrepancies in his evidence - Any minor discrepancies in the evidence of PW1 due to long gap between the date of..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Death sentence - Trial Court awarded death sentence to accused on the ground that accused were guilty of committing cruel and heinous offence - Reasoning given by trial Court, does not convince that case comes under the rarest of rare category, which warrants penalty of death sentence -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 148, 149, 506, 324, 326, 201 -- Anticipatory bail - Murder case - Main accused already in custody - No direct role/injuries attributed to present petitioners - Petitioners who all are ladies are stated to be part of conspiracy and carrying danda and brick bats - At the initial stage..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Accused fired with 12 bore gun causing simple injuries to victim - Though 35 to 40 pellets discharged from the gun struck in the body of victim but he did not sustain any grave or fatal injury - Accused had no intention to kill victim, as he did not repeat the fire - More so, accused immediately ran away..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification parade (TIP) - First TIP conducted after about 1-1/2 months of incident - Second TIP was conducted after more than a year of incident - It is doubtful whether eye-witnesses could have remembered the faces of accused after such a long period - Though incident..........
Indian Penal Code, 1860, Section 307, 120B -- Offence u/ss 307, 120-B IPC - No evidence on record to connect accused with co-accused except motive and threats extended by accused - Evidence with regard to interrogation and list of call details already discarded being inadmissible evidence - Prosecution miserably failed to connect accused with person who actually fired - It..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 504, 506 -- Bail - Offence u/ss 307, 504, 506 IPC - Statement of victim categorically implicates that accused is the author of firearm wound received by him, which is on the most vital part of the body abdomen - Medical evidence supported version of victim - It is immaterial that a person who..........
Indian Penal Code, 1860, Section 323, 325, 307, 149 -- Offence u/ss 323, 325, 307, 149 IPC - Testimony of complainant is replete with contradictions and is not supported by other witnesses - Complainant stated that his sister-i, law and his cousin also received injuries in the incident but these witnesses not examined by prosecution - PW2 not supported case of complainant..........
