Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Circumstances shrouding dying declaration in mystery - Deceased after incident taken to private hospital - No record produced nor doctor examined even on fact whether deceased was conscious - Deceased shifted to other hospital and she died within 2-1/2 hours of..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Single eye witness - Evidence of PW 1 that deceased was first raped was rendered false by medical evidence - His further evidence that he was rendered immobilised because of attack on him by accused also not supported by any medical evidence - Unnatural conduct of PW 1 that he did not resist or ran or shout for..........
Indian Penal Code, 1860, Section 34 -- Murder - Common intention - Appellant caught hold of waist of deceased, took him towards nulla and threw him on ground and then co-accused inflicted iron rod blows five times - Appellant did not try to prevent co-accused from assault or exhibited any intention that co-accused should discontinue the attack - Held, offence would be..........
Indian Penal Code, 1860, Section 302, 34 -- Murder by two accused - Three eye witnesses - PW-1 eye witness confronted with his earlier statement where he had not claimed to have seen the attack and hence could not be relied - PW-2 eye witness also confronted with her statement and was not reliable - Evidence of third eye witness found fully reliable and remained unshaken..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Recovery of blood stained knife - Not supported by witnesses of recovery - Not believable that accused would move with blood stained clothes for four days - In arrest memo description of such clothes not indicating presence of blood and it is surprising that it is so mentioned in seizure memo - Seizure of..........
Arms Act, 1959, Section 29 -- Licensed rifle and cartridges - Delivered to son - Rifle used for commission of murder - Accused is guilty of offence u/s 29 of Arms Act and conviction recorded by trial Court ordered to be maintained - As accused faced trial for long time as such sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 120B, 201, 302, 364, 379 -- Conviction - Appeal against - Circumstantial evidence - PW 23 not able to identify accused either at identification parade or in Court - Facts disclosed by PW 5 not finding place in his report or in his statement to police - Deceased last seen in company of accused not established - PW1 and PW 25 declared hostile..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witness fully supported and corroborated by medical evidence which clearly established it a case of homicidal death - No material to disbelieve the eyewitness and other prosecution witnesses - Conviction not liable to be interfered with...........
Indian Penal Code, 1860, Section 34, 147, 148, 149, 302, 307, 323, 341 -- Prosecution of eight accused - Coming together of all not established - Unlawful object to kill B who lay herself down on J not developed at any point of time prior to actual occurrence - Incident not occurring in manner as described by prosecution - Origin of occurrence withheld - Injuries caused..........
Indian Penal Code, 1860, Section 302 -- Serious contradictions between oral evidence of eye witness and report of ballistic expert which created doubt in use of firm arm alleged to have been used in murder - Eye witnesses examined were relatives of deceased and independent witnesses not examined - Serious doubt arose as to presence of eye witnesses - Conviction set aside...........
