Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Allegation that A-2 to A-4 poured kerosene oil on victim, as a result of which her saree was burnt - After getting information about incident, PW1 and brother of victim reached matrimonial home of victim and took her to police station to lodged FIR and thereafter victim was referred to Hospital - However,..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence - Where prosecution case is initially based on eye witness account but subsequently eye witnesses turned hostile, still conviction can be based on circumstantial evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence of recovery of articles - Eye witness turned hostile and not supported prosecution case - Insofar as recovery of bamboo stick and shawl is concerned, FSL report not established blood stains over bamboo stick - Shawl recovered from accused is his own shawl and was..........
Indian Penal Code, 1860, Section 304 - - Culpable homicide not amounting to murder - PW not supported charge leveled against accused - Deceased was found alive by witnesses, none of them were reported by injured that it was accused who had inflicted such injuries on him - No evidence on record that weapon recovered was used by accused while committing offence and even same..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Relative witnesses - Murder case - PW11, who is brother of deceased, and PW13 is husband of niece of deceased fully corroborated prosecution case in their evidence - Mere fact that they are related to deceased, does not impeach their evidence in any manner and cannot be considered them as interested..........
Indian Penal Code, 1860, Section 302 -- Murder - PW5/eye witness in his statement only taken names of four accused, who were seen running away from spot - He did not take name of A-2 - Mere fact that PW5 did not mention name of A-2, cannot lead to inference that A-2 was not involved in the incident, particularly when presence of A-2 is proved on record through the evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical evidence - Nature of injuries especially injury in back of head led officer writing inquest report to believe that bullet entered from back of head and came out of mouth - Said impression recorded in inquest report was only opinion of person preparing inquest report and due to that impression recorded in inquest..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive of occurrence proved on record from oral evidence of eye witness - Fardbeyan of informant was recorded on the spot itself by police officials - Names of all five accused and role attributed to them have been promptly recorded by police officials within half an hour of incident on the spot - Medical evidence..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Rifle was recovered from house of A-1 as per his disclosure statement and a double barrel gun was also recovered from house of A-2 - However, post mortem report does not state as to whether those gun wounds were caused by rifle or by gun - In the absence of definite..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Source of light at the spot - Identification of accused - Incident occurred in agricultural field of complainant where it was dark - Panchnama of scene of occurrence shows no indication of electric light at the spot - Case of prosecution is that accused and six other co-accused..........