Indian Penal Code, 1860, Section 302, 307, 302, 149, 324 -- Grievous injury sustained by accused No.1 during incident - Obligation on prosecution to explain such an injury - Non explanation - Eye witnesses being interested witnesses - Independent witnesses though available, not examined by prosecution - Infirmities in prosecution case - Accused-appellant No.1 held entitled..........
Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Motive - Lack of proof of motive does not, by itself, weaken or effect other circumstances which have been mentioned in proving the guilt of the accused. It cannot be said that if the prosecution fails to prove motive for commission of offence, it must result in benefit of doubt to the accused - Motive..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Section 18 Criminal Procedure Code 1973 - Section 313 - Appeal against conviction - Affidavit - Link Evidence - Contents of two affidavits of Constables tendered by prosecution, not put to the accused, when examined under Section 313 of Criminal Procedure Code - Accused convicted and sentenced - Held that this..........
Evidence Act, 1872, Section 105 -- Burden of proof - If there is any reasonable doubt that aggressor in occurrence was not the accused but would have been the, deceased party - Benefit of that reasonable doubt has to be extended to accused...........
Indian Penal Code, 1860, Section 302, 34 -- Death of Forest Officer who was allege-dly run over by the lorry which was carrying forest produce illegally - FIR recorded the cause of death as accident - Whether the deceased could fall from the lorry while taking turn from road to katcha road? - Held, doubts created by defence neither fancy nor remote - Two views possible -..........
