Indian Penal Code, 1860, Section 307, 326, 447, 341, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of accused alongwith victim inside the house having duly armed in the night and then giving indiscriminate blow over the person of the respective injured side by side also giving firearm injury over the person of PW3 by his..........
Indian Penal Code, 1860, Section 326, 342, 323, 34, Criminal Procedure Code, 1973, Section 378 -- Offence u/ss 326, 342, 323, 34 IPC - Appeal against acquittal - When there is enmity between two factions of village, then there is tendency on part of aggrieved party to give an exaggerated version to rope in even innocent members of opposite faction in a criminal case -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 295A, 297, 435, 34 -- Anticipatory bail - Offence u/ss 295-A, 297, 435, 34 IPC - Allegation in FIR disputed - Occurrence of incident has created a state of emergency among people of village as many innocent people have been dragged into incident for no fault on their part - However, co-accused is..........
Indian Penal Code, 1860, Section 302, 384, 34 -- Murder - All important PWs not fully supported prosecution case - Brother of deceased/PW1 though in examinatio, i, chief has supported prosecution case but later when he was cross-examined after one year of his examinatio, i, chief not supported prosecution case - Cross-examination of PW1 was adjourned for about 30 dates -..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delay in lodging FIR - Murder - FIR lodged after one day of incident - However, distance of police station from spot is 10 kilometers - PWs have not shown any reason as to why they did not report matter to police without delay - Delay in lodging FIR not explained by prosecution...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delay in lodging FIR - Murder - Mere delay in lodging FIR cannot be a ground to out rightly reject testimony of eye witnesses, but it would certainly put Court on its guard that testimony of eye witnesses has to be scrutinized with great care and caution...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Motive - Proof of motive looses its significance, in a case based on direct testimony, but considering delay in FIR, infirmities in statements of alleged eye-witnesses, contradiction between oral and medical evidence, fact that motive alleged but could not be proved, also becomes a relevant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prosecution concealed true genesis of incident and failed to establish circumstances in which accused is alleged to have caused injuries to deceased - Testimonies of eye witnesses suffers from serious inconsistencies and contradictions - There was huge undue delay in lodging FIR - Oral evidence is totally irreconcilable..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Death of deceased occurred in an unnatural condition within seven years of her marriage - PWs stated that no demand was made at the time of marriage - Parents of deceased stated that one day before death of deceased a telephonic call was received from deceased that accused were quarreling with her..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Main accused not convicted u/s 34 or S.149 IPC, therefore each individual accused can only be convicted for injury attributed to that individual...........
