Indian Penal Code, 1860, Section 302, 307 -- Double murder case - Testimony of eye witnesses - PW12 himself received injuries in the incident - He truthfully accepted his role in the incident stating that in self defence he fired gunshots which shot two assailants leading to their death - Prosecution thoroughly explained the injuries received by persons from the side of..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant - Incident occurred in Cinema hall - Informant/brother of deceased who was sitting on the seat adjacent to one occupied by deceased, would have failed to notice commotion preceding assault - Natural reaction expected from a brother in such a situation would have been to take immediate steps for taking..........
Indian Penal Code, 1860, Section 302 -- Murder - Four persons who accompanied deceased to the place of incident, did not support prosecution case and were declared hostile - No independent corroboration to testimony of informant - DW1 denied any extra judicial confession made by accused in the presence of PW8 - Star witnesses of the incident are wholly unreliable witnesses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 342, 506(ii), 294(b), 147, 148, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(b) -- Bail - Murder - Accused along with co-accused committed gruesome murder by tying the innocent persons for injured hens and cocks - Accused seems to..........
Indian Penal Code, 1860, Section 302 -- Murder of parents by son - Son of accused/PW7 who was 9 years has vividly stated the incident - He stated that accused bringing a hammer, assaulted on the head of his grandmother and then assaulted his grandfather and thereafter dragged her mother from the room - Daughter of accused/PW8 who was 11 years of age also stated that..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased were closely related and they had a close contact - They used to be together for a drinking - Motive of crime is not proved - Neither PW2 and PW6 stated that day before the incident there was any dispute and altercation between accused and deceased -..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon at the instance of accused - Witnesses of recovery not stated that discovery was made from a place disclosed by accused in their presence - Memorandum recording the statement of accused has not been duly proved - Recovery of knife at the instance of accused not proved...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW7 who deposed that pieces of glass were found at the place of incident and opinion of doctor who performed postmortem creates a doubt about the prosecution story - No explanation by prosecution for presence of large number of glass pieces at the place where body of deceased was found - It..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PW1 brother of deceased stated that PW4 informed him that accused had assaulted deceased by using a stick - However, PW1 did not state that PW4 was present when he reached the place where he found that deceased was laid in a tempo - Presence of PW4 at the time of incident is doubtful - Prior enmity of PW4 with accused..........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - A-2 assaulted deceased on his head and forehead by using dangerous weapon like chopper, then A-4 threw a stone on his right knee and he picked up another stone and punched it on the mouth of her father - Complainant and injured eye witnesses clearly stated the incident and intention of accused was to do away with..........
