Indian Penal Code, 1860, Section 302, 324, 149 -- Murder - Appeal against conviction - Material discrepancy in evidence of informant regarding time of lodging of FIR - Even, I.O. did not record and register FIR when given orally and recorded statement of deceased who was allegedly fit at time of taking to hospital - Moreover, no-explanation of injuries by prosecution..........
Indian Penal Code, 1860, Section 302, 34 -- Common intention - Accused allegedly snatched axe from deceased and inflicted blow on his neck - Co-accused inflicted second blow with same axe causing injury on arm of deceased - Inflicting second blow in quick succession causing injury on non-vital part of body will not warrant an inference that co-accused had common intention..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Accused allegedly kidnapped and murdered 6 years old child - Dead body found in a drain which was flowing adjoining a place accessible to public - Evidence of accused being last seen in company of deceased, by itself, not incriminating - Incriminating circumstance of accused making disclosure statement..........
Indian Penal Code, 1860, Section 376, 300, Evidence Act, 1872, Section 32 -- Rape and murder - Dying declaration reliability - Accused, after entering into house, committed forcible sexual intercourse at two different points of time - In both dying declarations deceased clearly stated that she was subjected to forcible intercourse by accused and thereafter accused set her..........
Indian Penal Code, 1860, Section 300 -- Murder or culpable homicide - Accused and deceased, after taking meals together, started quarreling suddenly by accusing each other of engaging in jadu tona activities - In heat of passion and without pre-meditation, accused inflicted 5, 6 knife blows on deceased - Held, case falls within Exception 4 to Ss.300 - Conviction altered..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused allegedly fired pistol shots at chest of deceased resulting into his death - Ocular evidence quite consistent with prosecution version, regarding time, place and manner of occurrence and gets assurance from medical evidence - Prosecution case cannot be thrown merely on the ground of non-investigation on criminal..........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution allegation that accused suddenly appeared from sugar cane field and fired at former's father resulting into his death - Occurrence took place at night, thus no possibility of witnesses to have identified accused persons - Evidence of witnesses identifying accused persons with specific overt act neither credible..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Death due to gun shot injury - Witnesses stated in unequivocal terms that none of assailants was standing in front of deceased and no one fired a shot on any of frontal parts of body of deceased - Medical evidence showed that injury which caused death was Chest Cavity deep which could be caused..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof of - All accused persons along with deceased had started from Salarpur in truck for going to Gondal - On the way, episode occurred whereby deceased was done to death by A2 causing head injury to deceased - A3 inflicting knife blows to deceased - It also transpires that A1 and A4 were also present in cabin and they had..........
Indian Penal Code, 1860, Section 396 -- Dacoity and Murder - Turban and T-shirt of appellant seized and sent for examination, had presence of human blood - Axe and iron rod, recovered pursuant to statement of appellant, had also blood-stains - Evidence shows that appellant demanded money from deceased - Held, clear and definite evidence to show that appellant not only..........
