Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - A-3 has been assigned an active role in the crime - All the eyewitness has categorically stated about his presence and that A-3 was armed with deadly weapon i.e. sword and that he had also wielded blows not only upon the deceased but upon the injured persons - A-3 rightly convicted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - PW19 who claims that deceased made an extra-judicial confession before him though declared hostile however prosecution relied upon a part of his testimony - Appellant had worked in PW19's shop only for five months and appellant was otherwise not known to PW-19 -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - PW24 stated that after he heard that his friend/deceased was injured, he rushed to the site and found that deceased was fully covered in blood, and he disclosed that appellant was the author of injuries - However, in the cross-examination, he denied having made such a..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Eye witnesses declared hostile - There is nothing in the evidence which could be relied upon by prosecution for connecting appellant with the murder of deceased - Appellant acquitted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Requirement of active act or direct act which led deceased to commit suicide is absent - It cannot be said that accused with his acts pushed deceased into such a position to commit suicide - Mere fact that accused followed deceased while going to college, that itself is not sufficient to infer that such act..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused inflicted dao blows on deceased as a result of which he fell down with grievous injuries and died on the spot - Mother of deceased is the eye witness of incident who identified the accused in Court - Brother of accused stated that he found accused running with a dao in his hand just after the incident - Recovery of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Deceased died due to several external injuries with the evidence of sexual assault - However, evidence of PW2 and PW3 does not inspire confidence for more than one reason - Had they really seen the incident, information would have been disclosed to police even while lodging the complaint -..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Plea of grave and sudden provocation - Nature of weapon used, number of gun shots fired at the deceased, part of the body where gun shots are fired all point towards the fact that appellant was determined to kill the deceased - Ultimately, he achieved his task and made sure that deceased is dead - By no stretch of logic..........
Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Right of private defence - Deceased had received 8 to 9 shots from the carbine of appellant which are spread all over his body - Entry wounds exist on the front as well as on the back of deceased's body, which makes it clear that deceased was shot not only from the front but also from the back while he was trying..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory and permanent injunction filed by only one of legal heirs of deceased - To hand over the original R.C of vehicle purchased by father of plaintiff and to restrain them from taking possession of the same in an illegal or forcible manner - When vehicle purchased by deceased was inherited..........
