Indian Penal Code, 1860, Section 302 -- Murder - Contradiction in statement of PWs as to actual time of reaching at place of occurrence - Incident is of year 2009, witnesses have been examined in the years 2011 and 2012 - There is thus, chance of error of memory due to lapse of time or due to mental ability of witness concerned - Moreover, contradictions elicited on behalf..........
Indian Penal Code, 1860, Section 302 -- Murder - Death of deceased occurred due to ante mortem injuries found on his body - Presence of witnesses at the place of occurrence is most natural, as they are neighbours - Prosecution proved the date, time and place of occurrence beyond reasonable doubt - PWs saw accused along with his companion at place of occurrence in light of..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Benefit of doubt - No evidence to show that accused were last seen in company of deceased immediately prior to their death - No circumstance of motive for commission of offence established - Recovery of scooter used to carry dead bodies, shrouded in mystery - All PWs turned hostile - FSL..........
Indian Penal Code, 1860, Section 420, 468, 471 -- Forgery - Appeal against acquittal - Original suit filed for possession by `B' through `A' as attorney - But during the pendency of appeal, B died - Thereafter `A' moved an application for impleading himself as legal representative and the same was allowed - Though it was for limited purpose of deciding the appeal, however,..........
Indian Penal Code, 1860, Section 308, 324 -- Nature of offence - Dispute between grandson of injured and son of accused and subsequently quarrel took place between PW1 and wife of accused `B' - In such circumstances accused `B' had sufficient motive to call other accused - Evidence on record proves that upon exhortation by accused `B' other accused `N' caused injuries to..........
Indian Penal Code, 1860, Section 308, 324 -- Nature of offence - No supplementary or X-ray report on record and PW4 was discharged within 2-1/4 hours after treatment - Despite the fact that PW1 sustained bone deep head injury and was brought in semi-conscious condition to hospital but considering that against medical advice she left Medical Center after her wound having..........
Indian Penal Code, 1860, Section 324, 34 -- Offence u/s 324, 34 IPC - Incident took place in 1981 over a petty dispute between children - Accused were 35 and 38 years old respectively at that time and now they have turned around 70 years old - It would not be proper to send them to jail at the age of around 70 years for a petty dispute - Sentence of accused reduced to..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Double murder case - Gunshot injury - Injury on the base of chin of deceased - Said injury cannot be caused while holding gun from front and it is not possible to put gun under chin to cause such injury, considering that deceased `M' was a young and energetic man - Injury on the base of chin of deceased is..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Double murder case - Gunshot injury - Injury on the base of chin of deceased is apparently suicidal - Deceased shot dead his girl friend as her engagement was fixed with another guy - Once deceased killed his girl friend, he is likely to get frustrated and was also afraid of consequences of her murder,..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Vague and cryptic allegations with no specific allegation in respect of demand of dowry or harassment in any manner - Conviction not proper in absence of definite evidence - Conviction of appellant set aside...........
