Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Test Identification Parade (TIP) - Delay of 55 days in conducting TIP - Murder case - Prosecution did not take any effort to arrest or interrogate accused for 6 weeks despite their involvement was brought to light - No reasonable explanation given for inordinate delay of 55 days in..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Incompatibility between post mortem report and FSL report - Post-mortem report describes that there were only two wounds in the body of deceased, one being entry and other exit wound - Allegedly a bullet was still recovered from ashes of deceased - FSL report shows that bullet was charred and blistered - This..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Defective investigation - Place of occurrence not ascertained - Prosecution failed to examine one person which was also injured in the same incident - No independent witness adduced by prosecution - Though charges u/s 307 IPC is framed but prosecution failed to substantiate the same by means of evidence -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(33), Indian Penal Code, 1860, Section 307 -- Heinous offence - Attempt to murder - Minimum punishment is not prescribed u/s 307 IPC, but punishment may extend to 10 years and fine - Thus, due to benchmark of minimum punishment of 7 years or more, S.307 IPC cannot fall within ambit of heinous offences...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(33), Indian Penal Code, 1860, Section 307 -- Transfer of case to Children's Court - Attempt to murder - Petitioners though are between age group of 16 to 18 years, they have not committed heinous offences, as S.307 IPC cannot fall within ambit of heinous offences - Case of petitioners, thus, not..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 9 -- Attempt to murder - Non-conducting of Test Identification Parade (TIP) - PW7 suffered a fire arm injury at the hands of accused - He has given detailed sequence of events - Complainant also deposed on similar lines as PW7 - It was complainant who chased and apprehended..........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Nature of offence - Murder - Accused had used farsis, jellis while attacking the complainant party, therefore, they had intention to kill family members of the complainant - Case falls u/s 304 Part-I IPC - Conviction altered from S.302 IPC to S.304 Part-I IPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Nature of offence - Murder - No premeditation of accused in inflicting injuries on deceased - Conviction of accused modified from S.302 IPC to S.304 Part-I IPC and sentence awarded to accused reduced to period already undergone by him...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder case - FIR lodged after 7 days of death of deceased - No explanation given for such delay - Delay fatal to prosecution case...........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Murder case - Deceased was not in a position to speak as per Doctor - Oral dying declaration was not mentioned in inquest report - More so, if oral dying declaration was actually made, FIR would be lodged promptly - Oral dying declaration made in presence of PWs is doubtful...........
