Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Source of light at the spot - Identification of accused - Incident occurred in agricultural field of complainant where it was dark - Panchnama of scene of occurrence shows no indication of electric light at the spot - Case of prosecution is that accused and six other co-accused..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Recovery witnesses not supported the prosecution case - There was darkness at the time at place of occurrence making it difficult for witness to identify assailants - Evidence of eye witnesses contradictory to each other as to firing of fatal blow - Guilt of accused..........
Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - It is only intention and not injury which is relevant...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Offence u/s 307 IPC - Accused `R' in furtherance of common object pointed gun at police - Accused had hatched criminal conspiracy which is duly proved by prosecution - Accused rightly convicted u/s 307 IPC - Since gun was snatched by ASI - Co-accused and accused were also in possession of arms thus,..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 153A, 120B, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 43D(2)(b) - - Offence u/ss 302, 153-A, 120-B IPC and Ss.16, 18 of 1967 Act - Specific reason assigned by Public prosecutor fulfilling the mandate and requirement of S.43-D(2)(b) of 1967 Act and said fact was considered..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34 -- Kidnapping and rape - Age determination - Radiological examination - Margin of error is two years on either side - Benefit of age determination by ossification test goes to accused...........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34 -- Kidnapping and rape - Determination of age of prosecutrix - Bone age of prosecutrix was between 14.5 to 16.5 years - Margin of error in age ascertained by radiological examination is two years on either side - Since Court can add 2 years to age of prosecutrix, it would not be proper to assume and presume that..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34 -- Kidnapping and rape - Prosecutrix was not minor on the date of incident - She had voluntarily gone with accused as she never raised an alarm or tried to run away from place where she was allegedly kept by accused - Not only driver of vehicle in which accused allegedly taken away prosecutrix had identified her..........
Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Allegation that petitioners being officers of complainant chased him hundreds of kilometers when he was traveling to his village along with his son merely for slating and becoming adamant to assault him - Complaint against petitioners appears to be absurd and improbable, as petitioners have ample..........
Indian Penal Code, 1860, Section 306, 411 -- Abetment of suicide - Prosecution examined three PWs which is in the nature of hearsay - PWs stated that accused being father, grandfather and step mother of deceased were not treating her well which led her to commit suicide - However, evidence on record shows that deceased pursing her study and her engagement ceremony was also..........
