Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of child witness - Identification of accused - PW3 got confused while identifying at least two accused though five accused whom she allegedly named were made to stand separately from remaining accused - Version of PW3 does not inspire confidence - Accused cannot be convicted on basis of such testimony,..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Recovery of weapons of assault - Name of assailants of deceased not established in Court beyond a reasonable doubt - Conviction of accused cannot be based on only evidence of recovery of weapons of assault - Accused acquitted...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Weapon used is a scissor which is not a normal weapon of offence in case there is any intention to cause death...........
Indian Penal Code, 1860, Section 307, 326, 341, 506B -- Attempt to murder - Kind of weapon used in the offence i.e small scissors will not fall within S.307 IPC - There is no pre-planned act as per fight on record - PW6, PW7 and PW8 were declared hostile - As per injury report there was a scratch below neck, incised wound on left thigh and a small cut below ribs - Offence..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the house of PW1 when only accused and deceased were there - Accused used the spade which was very much available in the house of PW1 - No evidence to establish that accused had any motive to commit murder of her own father - Prosecution has utterly failed to establish that act..........
Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - None of the eye witnesses stated that all accused persons had come with a common object of committing murder and assaulting injured PW2 - It is also not stated by any of the eye witnesses that there were any utterances by one or many or all the accused that they must eliminate the deceased and cause injuries to..........
Indian Penal Code, 1860, Section 366, 376, 302 -- Kidnapping, rape and murder - Enhancement of sentence - On the date of conviction accused was 27 years of age and he had a wife and small child as well as aged parents - He committed first offence and accused has no criminal antecedents - However, this is a case where a fixed term sentence for a period of 30 years must be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Locus standi - Murder case - Petitioner is real brother of deceased and is vitally interested in a fair trial so that deceased and his family gets justice - Challenge by accused to locus standi of petitioner, rejected...........
