Indian Penal Code, 1860, Section 399, 402 -- Dacoity - Preparation to commit - Appellants apprehended when armed with fire-arms they assembled and planned to commit dacoity - Police party took its position at a distance from spot where appellants had assembled and their conversation could not have been heard by police - Material contradiction as to number of dacoits who..........
Indian Penal Code, 1860, Section 302 -- Medical evidence and ocular evidence - Death by gunshot - Prosecution version that gun shot was fired from some distance - Medical evidence that injuries indicated marks of tattooing and scorching which were possible only when gunshot was made from a close range - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 5 -- Attack from a distance of 100 feet - Having regard to the topography of the area, it is highly doubtful if it was possible to identify the attackers...........
Indian Penal Code, 1860, Section 304 Part II, 302 -- One shot fired from a considerable distance - Application of S.302 IPC is ruled out - However, there cannot be any rule that whenever one shot is fired from a distance, S.302 IPC would not be applicable - It depends upon the nature of the gun, the position of the assailant and the victim, obstructions from any..........
Criminal Procedure Code, 1973, Section 205 -- Personal attendance of accused - Exemption - There is no legal right vested in accused to seek exemption from personal appearance - Discretion to dispense with personal attendance should be used in rare cases on account of distance, physical disability or other good reasons sub servient to the interest of justice...........
Indian Penal Code, 1860, Section 302, 34 -- Appreciation of evidence - Prosecution alleged that there was a conspiracy between the accused amongst themselves to commit the crime - Conspiracy not mentioned in FIR - Not based on his personal knowledge - Fact that two witnesses remained admitted in hospital for a number of days not mentioned - DW received injury in the same..........
Medical jurisprudence -- Firing from close, medium and long distance - Effect on body - Analysed...........
Indian Penal Code, 1860, Section 34, 147, 148, 149, 302, 307, 323, 341 -- Prosecution of eight accused - Coming together of all not established - Unlawful object to kill B who lay herself down on J not developed at any point of time prior to actual occurrence - Incident not occurring in manner as described by prosecution - Origin of occurrence withheld - Injuries caused..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3, 2(9), 2(10) -- No construction can be raised within 30 metres from road reservation on either side of scheduled road - Distance of structure - To be measured keeping in view road reservation of scheduled road - Limit of 30 metres to be measured from PWD land boundary..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Circumstantial evidence - Accused and deceased going together on scooter - Death from fire arm, fired from short distance - No injury to accused when both were on same scooter - No scratch on scooter - Scooter switched off and key removed - Blood found under stepney but not a drop on stepney - Marks on kachcha road..........
