Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Case falls into category of culpable homicide not amounting to murder u/s 304(Part II) IPC for the reasons : (i) There was no pre-meditation of mind to commit murder; (ii) All the accused were admittedly not armed when they stopped the vehicle of deceased and his friends and compelled them to alight..........
Indian Penal Code, 1860, Section 302, 149, 148, Arms Act, 1959, Section 25, 27 -- Murder - Presence of accused established all through which was referred to in FIR and in the evidence of all concerned eye witnesses - Eye witness account shows participation of accused in the initial scuffle in which deceased were pushed as well as in the exhortation - Evidence of eye..........
Indian Penal Code, 1860, Section 304, 323, 504, 506, 147, 114 -- Offence u/ss 304, 323, 504, 506, 147, 114 IPC - PWs categorically stated that co-accused had not assaulted nor indulged in maarpeet - There is no allegation that they had threatened to kill deceased or complainant - Co-accused as per FIR version were not nominated either as aggressor or being present on the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused reached the spot with a lathi along with co-accused who had a pistol - Evidence on record established common intention in pursuance of which accused exhorted co-accused to kill deceased - Accused's exhortation was crucial to commission of crime since it was only after he made statement that..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Fire arm injury - Role ascribed to co-accused/parents of main accused was of initial exhortation - Co-accused stated to have exhorted accused to teach a lesson to deceased - However, co-accused exhorted accused `P' but exhortation given by main accused was immediately before shot was fired and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Physical presence of accused at the site of actual commission of crime and deposition of independent witnesses about their role, clearly establishes that it was for purpose of facilitating offence - Consistent testimony of all eye witnesses was clear that accused were part of attack, they played an active role in..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Quarrel took place between accused and complainant - Main accused took out a pistol and opened fire - Prosecution miserably failed to establish any common, premeditated or prearranged intention jointly of accused and main accused to kill complainant on the spot or otherwise - Prosecution..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Role of exhortation - Evidence of exhortation is in very nature of things, a weak piece of evidence and may not be safely relied - There is tendency to implicate some more persons in addition to real assailants by attributing them role of exhortation...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - No overt act assigned to accused except role of exhortation - However, there is no cogent, reliable and independent witness worth reliance to show presence of accused at the place of occurrence or of any exhortation by him to co-accused for throwing bomb for attempting on life of police personnel - Alleged..........
