Indian Penal Code, 1860, Section 307 -- Attempt to murder - Modification of sentence - Accused does not have criminal antecedent - Injuries were not grave - Incident occurred at spur of moment - Balancing aggravating and mitigating factors, interest of justice would be served if sentence of accused is modified and is directed to suffer R.I for 7 years and pay a fine of..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by strangulation - PW1, PW2 and PW6 unequivocally establish that deceased was last seen with accused near railway line soon before the incident - On the next day dead body of deceased was recovered from place of occurrence - No explanation forthcoming from accused as to how his wife/deceased who had..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of sole eye witness - Where conduct of eye witness is inconsistent with ordinary course of human nature, it would not be safe to convict accused upon uncorroborated testimony of sole eye witness - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Disclosure statement - Recovery of tip of knife - Tip of knife which was recovered on disclosure statement of accused was broken and it was not pointed but blunt - Whether type of stab and incised wound found on body of deceased could have been inflicted by a knife with a broken tip, is..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of PW1 and PW11 - PW1 and PW11 are brothers of deceased, who are alleged to be eye witness of incident - Accused were only armed with hockey sticks and a knife not with any fire arms - However, unnatural conduct of PW1 and PW11 during and after the incident is extremely doubtful, as..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Medical evidence - 15 injuries stated to be inflicted by three accused on body of deceased within a short span of 5 minutes - Inflicting 15 injuries on body of deceased by three accused would require a considerable amount of time, particularly when deceased being a normal healthy person..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of relative witnesses - PW3 and PW12/eye witnesses are children of deceased - However, PW11 is an unrelated witness and his testimony substantially supports evidence of PW3 and PW12 in all material particulars - PW3 and PW12 were immediately present at the spot and identified accused with various deadly..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Identification of accused in dusk - Where parties were known to each other from before, therefore identification in dusk cannot be doubted...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Accused assaulted deceased when they were returning from market - Money dispute between parties is apparent from evidence of witnesses - Consistent evidence is on record of PWs 5, 7, 9 regarding identification of accused - One deceased died on the spot and other in the hospital - Common intention of accused..........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34 -- Murder - Recovery of mobile phone of PW7 - PW7 stated that his mobile was stolen or cheated - However, he never filed any complaint earlier - Even I.O not tried to have call details of mobile - Recovery held, doubtful...........
