Indian Penal Code, 1860, Section 427, 452, 323, 506, 34 -- Offence u/ss 427, 452, 323, 506, 34 IPC - Material contradictions and inconsistencies found in statements of PWs - Prosecution story appears to be doubtful and untrustworthy - All the PWs given all together different version regarding infliction of injuries on complainant and his son - More so, PW3/son of..........
Indian Penal Code, 1860, Section 302, 448, 34, Evidence Act, 1872, Section 3, 154 -- Murder - Plea of accused that recovery of weapon would stand vitiated as panch witness turned hostile - Held, not tenable - As evidence of I.O. can be relied upon to prove recovery even when panch witnesses turned hostile...........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Recovery of blood stained sticks and tabbal - No evidence on record to show that blood on articles recovered were stained with human blood and more particularly with blood of same blood group as that of deceased - FSL report shows that said blood stains were disintegrated and their origin could not be determined -..........
Indian Penal Code, 1860, Section 307, 452 -- Attempt to murder - House trespass - Prosecution evidence lacks credence on many counts - There are doubts qua weapon of offence, identification of accused and that it was accused who caused injury on neck of complainant etc. - Intensity of evidence which is required to convict accused is certainly lacking - Motive of accused to..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Circumstantial evidence - Accused had knowledge that in case the injuries are inflicted on person it may cause the death, even though injuries were simple in nature and not given by sharp edged weapon - However, cause of death as per doctor`s opinion was shock and haemorrhage due to injuries which..........
Central Reserve Police Force Act, 1949, Section 11(1), Central Reserve Police Force Rules, 1955, Rule 27(a) -- Dismissal from service - Misconduct - Respondent admitted that incident occurred as a result of handling of weapon, that bullets were fired and death of his colleague occurred in consequence thereof - Disciplinary authority found that charge of misconduct was..........
Central Reserve Police Force Act, 1949, Section 11(1), Central Reserve Police Force Rules, 1955, Rule 27(a) -- Dismissal from service - Misconduct - Disciplinary proceedings and criminal proceedings - Charge in criminal trial arose from death of a co-employee in the course of incident resulting from firing of a bullet which took place from weapon assigned to respondent as..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Motive of crime is that an altercation took place between accused and deceased about 10-15 days before the occurrence - However, details of same not given - No FIR of alleged altercation was registered - Accused were not armed with any weapon - PW7, brother of deceased had seen accused strangulating..........
Indian Penal Code, 1860, Section 302, 323, 148, 147, Evidence Act, 1872, Section 27 -- Murder - Seizure memo and identification memo - Recovery of weapon of offence and identification of spot claimed to have been effected on basis of statements made by accused during their police custody - But no such statements in accordance with provisions of S.27 of Evidence Act..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained clothes of deceased and weapon of offence - Blood stained clothes of deceased and also blood stained `Katti' was recovered at the instance of accused from his house in presence of Panchas under memorandum - Same was sent to FSL - When weapon used for..........
