Indian Penal Code, 1860, Section 302, 324, 458, Arms Act, 1959, Section 27 -- Murder - Motive - Accused had an evil eye on deceased which was proved by prosecution as an immediate impelling motive on the part of accused to commit murder of deceased - Motive of crime also proved by fact that accused painted his face black knowingly fully well that he would be recognized by..........
Indian Penal Code, 1860, Section 302, 324, 458, Arms Act, 1959, Section 27 -- Murder - Deceased died due to cut throat injury caused by accused, which was sufficient to cause death in the ordinary course of nature - Injuries were also sustained by parents of deceased - FIR registered promptly within four hours without any delay - There was no manipulation of a false story..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 149, 324, 436, 427, 452 -- Double murder - Unlawful assembly - Appeal against conviction - Testimonies of material witnesses as regarding assault on deceased difficult to believe, in absence of reliable evidence - Though presence of accused along with other acquitted accused is established on record, but in the..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Evidence of PW1 shows that A-1 was responsible for causing knife injury on the leg of deceased - Post mortem report though not very explicit, does record an injury on the leg of deceased - A-1 held, liable for such injury for an offence punishable u/s 324 IPC - Sentence of accused u/ss 302, 34 IPC thus, set aside...........
Indian Penal Code, 1860, Section 307, 452, 324 -- Attempt to murder - House trespass - Accused allegedly entered in the bedroom of PW4 with a knife to commit an offence and thereafter attempted to kill PW4 and in that process assaulted PW3 - Blood stained knife recovered from the spot of incident - Forensic evidence supports evidence of injured witnesses - Intention of..........
Indian Penal Code, 1860, Section 302, 324, 148 -- Murder - Eye witness - Incident took place in 1999 - Evidence of PW3, alleged eye witness first time recorded in 2004 - Name of PW3 was not mentioned in the list of witnesses - High Court rightly held, that PW3 was not an eye witness to occurrence...........
Indian Penal Code, 1860, Section 302, 324, 148 -- Murder - No eye witness to the incident - Father of deceased who witnessed the incident expired before completion of trial - PW3 an alleged witness rightly discarded by High Court as a planted witness - Testimony of only other witness PW7 is extremely indirect - No evidence on record that accused assaulted deceased and..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 34 -- Compoundable offence - Court has no objection in allowing compounding petition...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Double murder case - Common intention - Four eye witnesses stated in one voice that all three accused present at the place of occurrence with dao in their hands and inflicted multiple injuries on two deceased persons - It is not possible that accused `J' alone committed murder of two persons and left the dead bodies at two..........
Indian Penal Code, 1860, Section 341, 324 -- Recovery of axe at the instance of accused - Substantial lacunae found in the prosecution story by trial Court on the basis of which co-accused acquitted - Accused convicted for recovery of axe at his instance - However, recovery of axe not proved from the evidence of attesting witnesses - Recovered axe not sealed on the spot..........
