Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Distinction between S.300 Cr.P.C. and Art.20(2) of Constitution - Ambit of Art.20(2) of Constitution is narrower than S.300 Cr.P.C., as S.20(2) embodies the principle of autrefois convict, whereas, S.300 Cr.P.C. combines both convict and autrefois acquit - More so,..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Non-production of independent witness - Merely because no independent witness is produced by prosecution, case of prosecution should not be thrown overboard particularly when PWs supported prosecution case and two person immediately at the time of incident rushed to police and submitted their written..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Recovery of blood stained articles at the instance of accused - Blood stained lathi, iron pipe recovered at the instance of accused and blood group found on these articles matched with blood group of deceased - Wearing apparels of deceased were also sent to FSL - All these recoveries, conclusively link..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Deceased subjected to severe beatings at the hands of accused which led to their death - Dead bodies of deceased were dragged by accused and after that lying in the house of one of accused - On hearing hue and cry, all the witnesses rushed to the place of incident and saw the incident - PWs proved..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Double presumption in favour of accused in case of acquittal: (i) presumption of innocence; (ii) accused having secured an acquittal. Court would not interfere until it is shown conclusively that inference of guilt is irresistible...........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Merely because gun/fire arms could not be sent to ballistic expert/forensic science laboratory for opinion or if the report of ballistic expert though received but not produced, that would not be fatal to prosecution case because there is enormous evidence..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Injuries sustained by accused - Where accused caused injuries to 13 persons and two persons died, if one pellet injury each was sustained by two of accused and one lacerated would was sustained by one accused, it was not unnatural for them to receive such type..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Conviction of 12 accused - Deceased was severally beaten and dragged from one house to another - Absence of blood trail on the way through where deceased was dragged by accused was not unnatural as in both the routes, there was mob of 30-35 people and soon..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against acquittal - Acquittal of 18 accused - No specific injury as sustained by deceased was attributed to any of accused - Neither any overt act of causing injury to any of injured witnesses has been attributed to accused - Prosecution failed its case against these accused beyond..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Acquittal of co-accused - Recovery of licensed weapon of deceased from house of co-accused not established and despite being armed with double barrel rifle co-accused not used that weapon thus, possibility of false implication of co-accused cannot be..........
