Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3 -- Murder - Contradictions in the evidence of PWs regarding narration of occurrence, was minor in nature, not touching the root of prosecution case - Evidence cannot be discarded merely on the said contradictions...........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 54 -- Murder - Character of accused - Merely because trial Court while convicting accused did not consider the antecedents of accused as stated by PW7 in his statement, it cannot be said that it violates the provision of S.54 of the Evidence Act...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder case - FIR recorded in a continuous manner without leaving any possibility of insertion - Contention that FIR was written at police station in consultation with police and deliberate gaps were left in FIR with a motive to fill the same at a later point of time, rejected,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prior enmity - Presence of accused `B' at the spot and his participation in crime proved by eye witnesses - Mere externment would not be a ground to say that accused `B' was not at the place of incident, once accused `B' was seen at the place of incident firing deceased - Moreover, alleged externment..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prior enmity - Weapons of offence recovered at the disclosure statement of accused `D' and it was he who pointed out the place where weapons of crime was hidden - It was not possible that accused `D' was not aware of place of hiding of weapons used in the incident - Moreover, accused `D' admittedly a..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302 -- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Recovered articles i.e axe and clothes were sent to FSL - However, in FSL report, no blood was found upon axe, so also, blood group upon clothes of accused, did not match with blood group of deceased - Recovery of axe and clothes of accused thus, cannot be accepted as evidence so as to..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Two witnesses of extra judicial confession turned hostile - I.O did not turn up to give evidence in support of prosecution case - In FIR neither any assertion is made with regard to last seen nor any motive/intention was disclosed for murder of deceased - Prosecution thus failed to prove..........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 149 -- Murder - All the five eye witnesses have named A1 to A7 - Other accused have not been named by PW11 and PW18 - PW10 attributed specific role only to A1 to A7 in assaulting deceased - Conviction of A1 to A7 upheld - However, benefit of doubt given to A10 and A11, as they have not been named by PWs...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Allegation that husband committed murder of his wife by first strangulating her with nylon rope and then by hanging her from the hook of roof of service area by using a saree as a ligature - However, medical evidence does not support ocular evidence - Evidence of eye witnesses when considered with..........
