Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Delay of 8 days by investigating agency to make arrest of all accused - Plea that accused were absconding, rejected, as if they were really absconding then they should remain absconding - Arrest of accused from home casts a shadow of doubt on..........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Material contradictions in the prosecution story - Accused acquitted viz. : (i) FIR lodged against four unknown persons, despite the fact that complainant knew the name of one of accused; (ii) Forest officers including driver of jeep ten in number..........
Indian Penal Code, 1860, Section 302, 324, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Accused pleaded that on the date of incident he was discharging his duties in school and was not present at the place of incident when occurrence took place - However, three injured eye witnesses assigned specific role as to how accused assaulted deceased who suffered ante..........
Indian Penal Code, 1860, Section 307, 324, 323 -- Offence u/ss 307, 324, 323 IPC - Accused caused 13 injures to victim with a knife - All the injuries were simple in nature - Oral evidence of victim corroborated from medical evidence - Weapon of offence recovered from possession of accused - Conviction affirmed...........
Indian Penal Code, 1860, Section 307, 324, 323 -- Offence u/ss 307, 324, 323 IPC - Quantum of sentence - Incident occurred on a trifle matter i.e loan of Rs.1000 taken by husband of complainant from accused - Victim sustained 13 injuries - All injuries were simple in nature - Appellant faced agony of proceedings for more than 14 years - At present accused is 74 years old..........
Indian Penal Code, 1860, Section 323, 326, 324, 34 -- Conviction u/ss 323, 326, 324, 34 IPC - Reduction of sentence - Accused a first offender - Quarrel emanated on account of previous litigation pending between parties - Victim sustained grievous injury on his little finger of right hand - Accused already suffered incarceration of seven months and three days - Substantive..........
Indian Penal Code, 1860, Section 324, 452, 34, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 324, 452, 34 IPC - Benefit of probation - Accused allegedly entered into house of injured and attacked him with country made pistol, as a result he sustained injuries on his hand - Evidence on record shows that injured were promptly treated by doctor and injuries..........
Indian Penal Code, 1860, Section 147, 179, 302, 323, 324, 325 -- Murder - PW5 while deposing in Court contradicted his earlier statement recoded by police and made several improvements - Testimony of PW5 not reliable - Blood on recovered Kassis and clothes not proved to be of the same group or of the blood group of deceased - Recovery of said articles disbelieved as same..........
Indian Penal Code, 1860, Section 302, 143, 148, 149, 114, 324 -- Murder - Unlawful assembly - Interested witnesses - Evidence of interested witnesses/eye witnesses is doubtful - Presence of injured witnesses at the occurrence is disputed as neither injuries sustained by them are proved nor their clothes were seized which are alleged to contain the blood stains of deceased..........
Indian Penal Code, 1860, Section 302, 143, 148, 149, 114, 324 -- Murder - Unlawful assembly - Acquittal upheld on following grounds: (i) Motive not proved; (ii) Testimonies of eye witnesses and their presence at the spot doubtful; (iii) Delay in making FIR not explained; (iv) Search and seizure doubtful as blood stained clothes of witnesses not seized; (v) Police officer..........
