Indian Penal Code, 1860, Section 302, 148, 325, 324, 323, 149, 326, Arms Act, 1959, Section 27 -- Offence under - Prosecution of 8 persons - One declared absconder - Three acquitted - Four convicted - 3 Appealed to Supreme Court - Conviction based on three eye witnesses - Evidence of informant and one witness not wholly reliable - Investigation of case was tainted -..........
Penal Code, 1860, Section 376(g) -- Rape - Gang rape - In order to establish an offence under Section 376(2) (g) IPC, read with Explanation I thereto, the prosecution must adduce evidence to indicate that more than one accused had acted in concert - And in such an event, if rape had been committed by even one, all accused will be guilty irrespective of the fact that she..........
Penal Code, 1860, Section 302,149,325,149,324,149,323,149,336 -- Arms Act 1959, Section 27 - Murder - Conviction - The testimony of PWs 14 and 15 found not wholly reliable - The testimony of third witness PW-17 held to be wholly unreliable - The investigation of the case is tainted and not fair and impartial - The recoveries and seizures made are suspect - The prosecution..........
Penal Code, 1860, Section 302,149 -- Evidence Act, 1860, Section 9 - Murder - Test identification Parade - Informant and eye witness PW 14 did not know the names of the assailants on the date of occurrence - No test identification parade was held to identity the assailants - This is held to be a serious lacuna in the case of the prosecution...........
Penal Code, 1860, Section 302,149 -- Murder - Injuries on the person of accused - Duty of the prosecution to explain - Accused 'P - suffered 19 injuries and two of them resulting in fractures - The facts disclose that even by the time the FIR was finalised and before special report was despatched the IO had knowledge that 'P - had suffered injuries and admitted in a..........
Indian Penal Code, 1860, Section 302 -- Murder - Plea of alibi - Accused claiming that he was in his battalion in Cantonment area at the time of occurrence - Accused was free to leave Cantonment area at 7.15 p.m. and report next morning at parade at 6 a.m. - Concurrent finding that it was possible for a person to travel to the place of occurrence and come back during..........
Indian Penal Code, 1860, Section 302 -- Contradiction between evidence and FIR - Statement in FIR that accused was armed with `Halberd' - No mention of use of lathis in FIR - Witnesses in their statement specific about use of lathis by two accused - Medical evidence not pointing to injuries with lathis - Long enmity between parties - Evidence as to presence of accused..........
Indian Penal Code, 1860, Section 302, 34, 325, 34, 326, 34 -- Father, two sons and brother-in-law convicted u/ss 326/34 and 325/34 and sentenced to 7 years and 5 years R.I. - High Court acquitted them not relying dying declaration and evidence of PW5 - Evidence and reasons for discarding PW5 and dying declaration found to be wholly untenable - Accused found to be rightly..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Conviction of appellant alongwith father and brother - SLP of father and brother not admitted but that of appellant admitted - Prosecution failed to establish that appellant shared common intention of his father and brother so as to hold him guilty of murder - Appellant cannot be held guilty of causing..........
Penal Code, 1860, Section 325,34,326,34 -- Appeal against acquittal - Appreciation of evidence - Four accused charged for offence punishable u/s 302/34 IPC - Trial Court found the accused guilty of offences punishable u/ss 325/34 and 326/34 IPC - High Court discarded the testimony of eye-witness as also the dying declaration and acquitted all the accused altogether -..........
