Indian Penal Code, 1860, Section 307, 34 - - A-1 carrying pistol shot at PW6 at his chest which pierced through his chest - When PW7, tried to interfere, A-1 shot at PW7 too - Attempt by A-1 was with intention to teach lesson to PW6, as to why he opposed A-3 from spreading rubble in the field and there was some hot exchange between them - Injuries caused to PW6 were..........
Indian Penal Code, 1860, Section 307, 34 - - Quantum of sentence qua A-1 - Considering injuries caused to PW6 i.e gunshot wounds in chest and opinion of Doctor that injuries caused to PW6 are capable of causing death, High Court was not right in reducing sentence of A-1 - Though Court has discretion in awarding sentence, it should be commensurate with gravity of offence -..........
Indian Penal Code, 1860, Section 307, 323, 34Offence - - A-2 and A-3 were not armed at the time of occurrence - They attacked injured with fit and kicked with sticks - Accused held, rightly acquitted u/ss 307, 34 IPC - So far as their conviction u/ss 323, 34 IPC is concerned, High Court rightly reduced their sentence to period already undergone by them considering their..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Body parts of deceased recovered from burning `Bitora' (conical storage of cow dung cakes) - Said Bitora was not in possession of accused, as it was located in open area in the field of one person - Accused was not required to explain circumstances of body parts being found..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Only evidence against accused is last seen by PW4 at 2 pm and by PW5 at 5 pm and later in night, accused with gunny bag on her scooty - Such evidence does not complete chain of circumstances so as to maintain conviction of accused for an offence u/s 302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra judicial confession of accused not proved on record - As regarding recovery of scooty on the basis of disclosure statement of accused, same is also not proved - Even, there is no blood mark on scooty or any other evidence that it was used by accused in disposing of body - Prosecution failed to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - While granting bail, antecedents of accused and manner in which offence u/s 302 IPC was committed not considered - These factors were relevant while considering bail application - Bail application dismissed...........
Constitution of India, 1950, Article 226 -- Direction for CBI investigation - Death of person in custody of army - Deceased was allegedly picked up from the house of one person by army personnel at night - He was in custody of Army since time of his picking up by army till time of production of dead body and handing over the same to police in police station - Death of..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Abetment involves a mental process of instigating a person in doing something...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In case of suicide mere allegation of harassment of deceased by another person would not suffice unless there be such action on the part of accused which compels the person to commit suicide and such an offending action ought to be proximate to time of occurrence...........
