Indian Penal Code, 1860, Section 307, 504 -- Attempt to murder - Reduction of sentence - Substantive period already served in jail by accused - Accused is a young person and only bread earner in the family - Sentence of accused thus, reduced to period already undergone by him - However, amount of fine is enhanced from 4000 to 10,000...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Testimony of sole eye/child witness - Name of accused not mentioned in FIR - Contradictions were found in statement of child witness - Mother of child and wife of deceased has categorically denied to know reason for which deceased was murdered - Motive of crime thus, not proved - Guilt..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Identification of dead body on basis of photographs and apparels of deceased - Dead body was taken out from well, which was completely mutilated and body was beyond identification - Identification of body from photographs not possible - However, from the tag of tailoring shop found on..........
Indian Penal Code, 1860, Section 302, 34, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of watch - Confession - Watch in question belonged to PW12 which was with deceased when he left home - Owner of shop/PW4 stated that accused gave a watch for repairing - He was shown receipt given to accused which was seized from custody of accused -..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Last seen evidence - PWs stated that accused and deceased were last seen together - However, PWs only stated that they were informed by deceased that he was going to visit accused - There is no evidence on record to show that deceased and accused was last seen together - S.106 of Evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Weapon of offence discovered on disclosure statement made by accused while in police custody - Seizure witnesses and witnesses to disclosure statement have turned hostile - Moreover, blood stained knife was sent for chemical examination, but blood grouping could not..........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 stated that accused who happens to be his uncle was cutting neck of his father by a knife and when he rushed near spot, they fled away - However, PW1 in his cross-examination denied suggestion that neither he has mentioned in FIR nor stated before I.O that when he went to spot he saw accused was cutting neck of his..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Napkin of accused was stained with human blood of `B' group - Accused and deceased were brothers and there is every possibility that blood group of accused may be group of `B' - Since blood group of accused was not determined and seizure witness turned hostile, recovery held, not proved -..........
Indian Penal Code, 1860, Section 302 -- Murder - Evidence of eye witnesses - Inconsistencies in evidence of two eye witnesses - Seized tangia, blood stained earth and lungi of accused were not stained with any blood - There is no clear, cogent and clinching evidence unerringly pointing towards guilt of accused - Conviction and sentence set aside - Accused acquitted...........
