Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 302, 120B, 34 -- Dismissal of complaint - Offence u/ss 302, 120-B, 34 IPC - Medical evidence that incident is accidental and death caused due to shock on account of injuries sustained by deceased - Presence of alcohol in the body of deceased also found - There is no eye witness of incident and no..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased a man of criminal antecedent and he himself indulged into quarrel with accused and was going to fire at him - None of PWs examined in support of prosecution case, can be termed to be wholly reliable, as at different places they gave different statement - Even wife and son of deceased not..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Accused claiming parity with acquitted co-accused - Accused and co-accused were convicted only on the basis of eye witness `G' - However, evidence of eye-witness `G' is highly unreliable, as specific injuries attributed by him do not carry any weight - Accused can justifiably claim parity with co-accused who have..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused hurled country made bombs established on record - Incised injuries caused to deceased were intentional and were sufficient to cause death in the ordinary course of nature even if it cannot be said that his death was intended - This is sufficient to bring the case within S.300 Thirdly IPC -..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Three eye witnesses to the occurrence - One declared hostile - However, statements of two eye witnesses record after 3 days of occurrence - No explanation for such delay - More so, there is no evidence on record as to how police came to know that these witnesses saw occurrence - Delay in recording statements of eye..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Cause of death phosphide poison which was mixed in food - However, doctor opined that in case aluminum, phosphide had been added to food, it could be easily detected - Food could not be consumed as phosphide gas gives poisonous smell - Moreover, maid servant PW3 categorically stated that she prepared the..........
Indian Penal Code, 1860, Section 302 -- Murder of father by son - Prosecution proved the presence of accused at his home at night with deceased - Accused is duty bound to explain as to how death of his father was caused - Since no explanation as to death of deceased was given by accused, accused held responsible for commission of crime - Moreover, accused also not offered..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder - Non-examination of injured witness - Injured witness was not examined as he was kidnapped at the relevant period - Non-examination of injured witness, held, not fatal to prosecution case and same cannot be a ground to disregard the evidence of eye witnesses...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Non-examination of independent witness - Entire case of prosecution cannot be discarded merely on the ground of absence of independent witness, as long as evidence of eye witness, though interested is trustworthy...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Discrepancies in the evidence of eye witness - Evidence of PW1, an eye witness, who lost his three sons in fateful incident was consistent and there is no major deviations or discrepancies in his evidence - Any minor discrepancies in the evidence of PW1 due to long gap between the date of..........
