Indian Penal Code, 1860, Section 302 -- Murder - Use of weapons - Proof - Recovery of fire arms and empty cartridges - Apart from testimony of PW1 and recovery of aforesaid firearms there was recovery of 15 empty cartridges from place of occurrence and empty cartridges were tallied with aforesaid firearms recovered at the pointing out of appellants - As per report of FSL,..........
Criminal Procedure Code, 1973, Section 368, Indian Penal Code, 1860, Section 148, 302, 149 -- Death sentence - Sustainability - Honour killing of three innocent persons - Triple murder - Before committing their murders deceased were made to disappear from village on previous day of their murders and were tortured and tied down then covered under big and large heap of dried..........
Indian Penal Code, 1860, Section 302, 34 - - Murder - Gun shot injury - First informant is real brother of deceased - Another witness was a mechanic at the factory of deceased - Evidence of eye witnesses cannot be discarded only on the ground of interested or related witness - Incident fully supported by two independent eye witnesses and medical evidence - Multiplicity of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 376 - - Murder and rape - Delay in lodging FIR - Incident occurred at 4.30 P.M. on 05.03.2002 - Complaint was made by PW1 at 11.05 P.M. on same day - Distance between place of incident and police station is 2 kms - PW1-father of victim is a villager and on hearing the incident through PWs.2..........
Indian Penal Code, 1860, Section 302, 149, 34 -- Non applicability of S.149 IPC - Accused can be convicted u/s 302 r/w S.34 IPC, if evidence discloses commission of an offence, in furtherance of common intention of such accused...........
Indian Penal Code, 1860, Section 302, 141, 149, 34 -- Murder - Unlawful assembly - Three out of seven accused acquitted by High Court - Remaining four accused convicted u/ss 302/149 - Legality - Held, four persons do not constitute unlawful assembly - Could be convicted with the aid of S.34 - Conviction u/s 302/149 not proper...........
Indian Penal Code, 1860, Section 302, 307, 458, 34 -- No motive or intention to kill - Inspite of the fact of firing from country made pistol none from the prosecution side or any eye witness was injured by such fires - Witnesses remained sitting on their cots in spite of repeated fires and did not try to run or take shelter in order to save their lives - Circumstances..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - In a case of circumstantial evidence, motive assumes great significance and importance - If evidence on record suggest sufficient/necessary motive to commit a crime, it may be conceived that accused has committed the same...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 25 -- Murder - Conviction - Validity - Defence did not ask in cross-examination to PW21 as why independent person was not made panch witness - Appellant failed to furnish some explanation in his statement u/s.313 Cr.P.C. as under what circumstances his car had been parked at Delhi Airport and it remained..........
Indian Penal Code, 1860, Section 302 -- Homicidal death - Trachea of deceased was contused and there were ante-mortem injuries on the body of deceased both on the neck and the face - Trachea cannot be contused except when physical pressure is applied from outside - Held, death is not under natural circumstances, but because of unnatural acts - Death is homicidal...........
