Indian Penal Code, 1860, Section 149, 323, 302 -- Murder - Circumstantial evidence - As per statements of prosecution witness it is apparent that accused were not initially named as accused/appellants when statement on the basis of which FIR was registered, was recorded - Even, at the stage of making supplementary statement, PW1 did not name these two accused - Moreover,..........
Indian Penal Code, 1860, Section 149, 141, 302 -- Common object - Unlawful assembly - Whether members of unlawful assembly has common object to cause murder of deceased has to be decided by nature of weapons used by such members, manner and sequence of attack made by those members on deceased and circumstances under which occurrence took place - Therefore, inference is to..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Murder - Property dispute between parties - Complainant party come to the spot which is in possession of accused `G' along with trolley loaded with bricks etc., to take possession of said land - It indicate intention of complainant party - It cannot be said that complainant party had gone to place of occurrence..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149, 100 -- Murder - Right to private defence - Property dispute - Occurrence took place on the land belonging to accused `G' regarding possession of said land - Complainant party had entered the plot along with trolley loaded with bricks and caused injuries including grievous hurt on vital parts of accused party -..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Occurrence is virtually admitted by accused in their statement recorded u/s 313 Cr.P.C., with regard to injuries given to deceased and injured witnesses - Factum of existence of injuries on complainant party held,..........
Indian Penal Code, 1860, Section 302, 147, 149 -- Murder - Non-production of one of PW cannot afford a basis to draw an adverse inference against prosecution, particularly, when direct and specific evidence fully corroborated by other attending circumstances proved the guilt of accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 147, 149 -- Murder - Deceased sustained 20 injuries - All injuries were by sharp edged weapons and not only first head injury but other injuries were also quite deep and wide - Consistent statement of four eye witnesses cannot be disbelieved that it was accused who had initiated quarrel by first inflicting a `farsi' blow on the head of..........
Indian Penal Code, 1860, Section 302, 324, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Place of incident not established - Testimony of injured eye-witnesses not corroborated by each other and even, medical evidence does not support their version - Presence of family members on spot not established - Moreover, Civil Surgeon frequently..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - Eye witnesses asserted that accused `A-6'and other threw chilly powder upon deceased - However, doctor who conducted post-mortem examination of the bodies of deceased, categorically stated that he did not notice any chilly powder on any part of the bodies of deceased - Therefore, this..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - There is strong possibility of political intervention and glaring inconsistencies in the prosecution case, including registration and dispatch of the two FIRs, which give rise to likelihood of strong manipulation of the case by police - Even, version of prosecution as put forth opens the..........
