Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - PW4 made a statement that accused came to his house and confessed that 22 or 23 days earlier he had murdered deceased - Accused stated before PW4 that he had a quarrel with deceased and he gave a blow with an axe on head of deceased..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Strong previous enmity between family members - All the accused are armed with lethal weapons came to spot - A1 to A-3 fired at deceased while PW2 was being assaulted by other one with a ballam - Object of accused cannot be bifurcated qua PW1 and deceased - Occurrence in question is supported by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - Complainant does not want to press charges levelled against accused - There is no possibility of accused being convicted in the case pending against him - No useful purpose..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder case - Eye witness to the incident not appearing in trial Court to give evidence despite repeated directions by Court - Injuries attributed to co-accused who is already enlarged on..........
Indian Penal Code, 1860, Section 34 -- Common intention - May be through a pre-arranged plan, or it may be generated just prior to incident...........
Indian Penal Code, 1860, Section 34 -- Common intention - Question as to whether there is any common intention or not depends upon inference to be drawn from proven facts and circumstances of each case - Totality of circumstances must be taken into consideration in arriving at conclusion whether accused persons had common intention to commit offence with which they could..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Death caused due to incised injuries - Accused neither had specific motive to participate in commission of offence, nor rivalry with deceased or his family, and has not been shown to be a friend, relative or hireling of other two accused - Prosecution failed to prove any common intention on accused's..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Plea of alibi - Victim aged about 15 years was confined in a room for a month by petitioners and two other co-accused and continuously gang raped by them -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused poured kerosene on deceased when she was trying to run out of house to save herself and was trying to open latch of door of house, he threw match stick on her person and set her ablaze - Nothing is on record that accused was in a highly inebriated stage - Plea of accused was that he was drunk..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Material contradictions between evidence of last seen witnesses - Last seen witnesses though knew that deceased was missing but did not inform PW1 or police to the presence and conduct of accused, despite..........
