Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Eye witnesses declared hostile - There is nothing in the evidence which could be relied upon by prosecution for connecting appellant with the murder of deceased - Appellant acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused inflicted dao blows on deceased as a result of which he fell down with grievous injuries and died on the spot - Mother of deceased is the eye witness of incident who identified the accused in Court - Brother of accused stated that he found accused running with a dao in his hand just after the incident - Recovery of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Deceased died due to several external injuries with the evidence of sexual assault - However, evidence of PW2 and PW3 does not inspire confidence for more than one reason - Had they really seen the incident, information would have been disclosed to police even while lodging the complaint -..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Plea of grave and sudden provocation - Nature of weapon used, number of gun shots fired at the deceased, part of the body where gun shots are fired all point towards the fact that appellant was determined to kill the deceased - Ultimately, he achieved his task and made sure that deceased is dead - By no stretch of logic..........
Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Right of private defence - Deceased had received 8 to 9 shots from the carbine of appellant which are spread all over his body - Entry wounds exist on the front as well as on the back of deceased's body, which makes it clear that deceased was shot not only from the front but also from the back while he was trying..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Framing of charge - All three accused had opened fire - In order to attract provisions of S.307 IPC, intention is important - There are grounds for framing charge u/s 307 IPC - Charge rightly framed against accused...........
Indian Penal Code, 1860, Section 302, 460, 396, 149 -- Murder - Identification of accused - Faces of accused were covered with clothes - None of witnesses had seen accused before the incident or recognized them - Identifying the masked accused solely by their eyes and hair in the darkness of midnight is not possible especially if the light conditions are extremely poor -..........
Indian Penal Code, 1860, Section 302, 460, 396, 149 -- Murder - Recovery of articles - No jewellery or valuable utensils were recovered from any of accused - Recovery memo relates to co-accused who is not a party to present appeal - In so far as recovery of empty shells, gun etc. are concerned, these recoveries by itself is not sufficient to connect accused with alleged..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PW3 who claimed that accused had made an extra judicial confession had turned hostile - However, evidence of eye witness/PW2/wife of deceased is reliable and there was no error in the eye witness account - Minor discrepancies in the evidence of PW2 would not make much difference - Conviction upheld - However, since..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of physically challenged daughter by her father - Burden of proof - Occurrence took place inside the house of accused - PWs 2, 3 and 5 were very much present in the house when occurrence took place - All of them took the consistent stand that death of victim occurred on account of a fall from..........
