Indian Penal Code, 1860, Section 302,148,34 -- Murder - Enmity between parties - Weapon of offence described by witnesses different than that recovered by IO - Contradictory manner of occurrence given by three different witnesses who claim to be eye witnesses - Utterly unsafe to sustain the judgment of conviction - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 448, 324 -- Murder - Eye-witness or hear say witness - PW2 stated that he saw from a distance that 30-40 people had gathered in front of his house and there was a commotion including shouts of his son `M', who ran towards him to tell him not to go home because people were being attacked there - Witness does not accuse any particular..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Deceased died within 5-1/2 years of her marriage - There was demand of dowry 8-9 months prior to occurrence and at that time she was residing in her parental house - No evidence on record as to what actual dowry was given at the time of marriage - No evidence that after coming..........
Evidence Act, 1872, Section 3 -- Criminal trial - Accused can be convicted on testimony of solitary eye witness if his version is of sterling worth and his presence at the time of occurrence has been proved beyond reasonable doubt...........
Indian Penal Code, 1860, Section 279, 337, 304A, Criminal Procedure Code, 1973, Section 313, Motor Vehicles Act, 1988, Section 133 -- Rash and negligent driving - Identification of accused - Prosecution story that a truck came in a very rash and negligent manner - Hit against a scooter - Caused simple injuries to driver of scooter - Resulted in death of pillion riders -..........
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- Murder - Proof - Interested witness - Appellant convicted u/s 449, 341 and 302 r/w S.34 IPC - Contention that PW2, PW3 and PW4 who were examined as eye witnesses turned hostile - Conviction cannot be based solely on evidence of PW1 who is elder brother of deceased -..........
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- FIR - Statement of witness - Discrepancy - PW6, sister of deceased stated in her evidence that her statement was recorded around 10 A.M. - FIR got registered by elder brother of deceased at 11 AM - PW6 stated in her evidence that she took deceased to hospital in an..........
Criminal Trial -- Testimony of eye witness - Held, it prevails over medical evidence in the event of inconsistency...........
Criminal Procedure Code, 1973, Section 202 -- Inquiry - Has to be a meaningful inquiry and not just an eye wash - Ordeal of facing criminal trial by an accused from far off places tantamounts punishment as such, a greater duty is cast upon the Court before issuing process...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Non mention of name of eye witnesses in the FIR - Not very material...........
