Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Recovery of slippers and cap of deceased at the instance of accused - Site plan of place of occurrence and recovery of articles was prepared - Places of recoveries of slippers and cap of deceased are very near to place of recovery of dead..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Delayed FIR - Delay of 36 hours in lodging FIR - Offence u/ss 364, 377, 302, 201, 34 IPC - Complainant is an illiterate person of rural background - Marriage of two elder sons was fixed on next day of incident - Moreover, village of complainant is 15 kilometers away from..........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Plea of animosity between complainant and accused - Accused took an after thought defence of animosity between parties which resulted in the murder of deceased - Said defence is not proved rather it is unfounded - They denied the fact of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against acquittal - Leave to appeal - No specific allegation against accused for inflicting any injury to deceased - Even eye witnesses not levelled any allegation against accused - Prosecution thus failed to prove its case against accused - No case is made out against accused - Accused rightly acquitted -..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Property dispute - Identity of accused - Place of occurrence at a distance of 300 sq. yds from concerned Police station, as per FIR - However, it is no where stated that eye witnesses to incident had seen the occurrence from a distance of 300 sq. yds. - Plea that it was impossible for witnesses to see occurrence clearly..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Non-examination of independent witnesses - Not fatal to prosecution, when defence failed to brought out that there were other persons at the scene of occurrence who were independent persons...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Non-examination of first informant/chowkidar - Defence not elicited either the number and time of station diary entry nor time when chowkidar allegedly gave information whose substance was entered in some station diary entry - Name of chowkidar even not elicited - In such situation it was not possible to examine..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of eye witnesses - There are six eye witnesses and three of them are injured eye witnesses, which is a weighty factor to show the actual presence of these witnesses at the scene of occurrence - Credibility and trustworthiness of all these eye witnesses could not be shaken by accused - Since presence of eye..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Circumstantial evidence - Accused tracked by police dog - Evidence of tracking by dog is weakest piece of evidence - Material against accused does not require his further pre-trial detention in crime - Accused released on bail with conditions - Bail granted...........
Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence - As per statement of eye witnesses accused persons were not involved in assault - Evidence on record does not reveal that injuries were caused by accused persons - Even, innocent family members of accused persons were roped on account of enmity between accused persons and deceased - Moreover, it is..........
