Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Recovery of weapon of offence - Lathi recovered from accused was not sent to FSL is immaterial, as evidence of recovery and FSL report would only be required to corroborate evidence of eye witnesses in case it is not wholly reliable - Since evidence of eye witnesses is wholly reliable, same would not require any..........
Indian Penal Code, 1860, Section 302, 324, 100 -- Murder - Right to private defence - Deceased were not armed with any weapon at the relevant time - Accused who were 7 to 8 in number having spear, axe and sticks thus, not entitled to right of private defence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail during pendency of appeal against conviction - Murder - Extra judicial confession made by accused and there is inconsistency between PWs regarding same - Recovery of dead body and other weapon of assault thereafter made at the disclosure statement of accused while in custody which..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of husband of deceased about deceased receiving injuries on her body with Churra (weapon of offence) outside jhuggi stands corroborated by post mortem report, doctor's subsequent opinion and FSL report - No contradictions in testimonies of husband and father of deceased - Husband of deceased is thus, a natural..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Nature of offence - Single fist blow given by accused to deceased - There is no allegation of repeated blows on any part of body of deceased or even use of weapon by accused - Element of intention to cause death is conspicuously missing - Even knowledge of causing such injury which is likely to cause death also cannot..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single blow on vital part of body like head and that too by deadly weapon axe and used with force which proved to be fatal, was sufficient to hold that it was a case of murder within definition of S.300 IPC - Accused liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Common intention - Presence of accused at the time of occurrence with sharp edged weapon not disputed - Both A-1 and A-3 shared common intention with A-2 by causing bodily injuries to deceased which were sufficient in ordinary course of nature to cause death of deceased persons - S.34 IPC therefore clearly..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of mobile phone which was allegedly used for making demands of ransom not proved, as same was not subscribed by deceased - Bullet recovered from body of deceased matched with service weapon which was allocated to PW11, Police, but theory that weapon was snatched by accused is not..........
Indian Penal Code, 1860, Section 300 -- Offence u/s 300 Exception IV IPC - Even if fight is u, premeditated and sudden, if weapon or manner of retaliation is disproportionate to offence and accused had taken undue advantage of deceased, he cannot be protected u/s 300 Exception IV IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased abused accused who got annoyed and first attacked deceased and on seeing this PW1 gave stick blow on the head of accused and thereafter accused went to his house and came back with gupti and inflicted gupti injury on left armpit of deceased - Inflicting injury on deceased is part of same..........
