Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Three accused attacked deceased with exhorting to kill one `A' - They had grappled deceased and inflicted multiple injuries on him with knife - There was prior meeting of minds of all four convicts and all three accused had common intention - Delay in registering FIR has been properly explained - Mere fact that eye..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Argument between deceased and accused accompanied by pushing and pulling on record as per evidence of PW16 and PW19 - Injuries sustained by deceased as reflected in autopsy report and statements of PW16 & PW19 establish that accused had taken undue advantage and acted in a cruel manner by inflicting..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Reduction of sentence - Accused voluntarily went to house of deceased, created a flutter by quarrelling with PW2, when this was questioned A-2 stabbed PW1 and when deceased intervened, accused caused his death - They are not in a position to show that murder had taken place out of sudden..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Incident occurred in public place in broad day light in front of house of deceased - There are 7 eye witnesses to incident - Thus, there is every possibility of news reaching police over telephone - Presence of photographer in place of occurrence before registration of FIR, will not vitiate..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Weapon of offence - Weapon used in commission of offence was not properly described - In FIR it has been stated as Iron rod and in Accident register it is stated as sharp iron rod - However, PWs who witnessed occurrence stated that weapon used in crime is knife - This ocular testimony totally..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Non-examination of officer of mobile company cannot be said to be fatal to prosecution case, particularly when CDR was exhibited, through deposition of I.O and no objection was raised on behalf of..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Prior enmity between accused and father of children - Deceased were seen going with accused in school uniform with their school bags and after the incident accused was not found in his house and..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Last seen evidence - PW8 stated that accused was last seen together with deceased - He recognized accused in Court and he knew complainant and his three children - PW8, thoroughly cross-examined by defence and nothing shown to make out any case which may..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 27 -- Kidnapping and murder of three minor children - Circumstantial evidence - Disclosure statement - Recovery of dead bodies at the instance of accused - Recovery of dead bodies along with school bags and dress at the instance of accused - Dead bodies were recovered from the places shown by accused..........
