Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Injuries were inflicted by blow of lathi which cannot be said to be deadly weapon - Deceased died due to single fatal injury - Therefore, even if it is a case of single blow of lathi and accused knowingly made a single blow that it was likely to cause death, it would be a culpable homicide not..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Murder - It is not imperative that a statement made by accused as to where murder weapon may have been kept must be recorded in writing before any attempt is made to discover the same...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused confessed the crime before his wife - Conduct of accused in confessing the crime and requiring her wife to inform the villagers and relatives and accused himself immediately surrendered to police were duly corroborated by PWs - Evidence adduced unmistakably points arrow of guilt at accused - Weapon of offence..........
Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Once charge against accused u/s 324 IPC of voluntarily causing injuries by fire arm which is dangerous weapon stands established, they cannot escape punishment for using arms prescribed by S.27 of Arms Act - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376 -- Rape - Contention that victim has gone for grass cutting and she had weapon, so she should have inflicted injury upon accused - Victim is a rustic village lady - Accused committed rape at the point of knife - Contention rejected...........
Evidence Act, 1872, Section 32 -- Dying declaration - Merely because weapon used in crime not recovered cannot be a ground not to rely upon dying declaration which was recorded before Executive Magistrate which has been proved by prosecution...........
Indian Penal Code, 1860, Section 148 -- Offence u/s 148 IPC - Involvement of six to seven persons in commission of offence has been established and proved - They used force or violence and one of them used a deadly weapon namely knife and therefore, being a part of unlawful assembly, accused can be held to be guilty for offence of rioting and for use of force/violence as a..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Once it has been established and proved by prosecution that all accused came at the place of incident with a common intention to kill deceased and as such they shared common intention, in that case it is immaterial whether any of accused who shared the common intention had used any weapon or not and/or..........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 had not seen incident nor accused of having caused injury, nor was he present on the spot - PW2 mother of deceased stated that she reached the incident after an hour of incident - She stated that injury was caused to deceased as he fell down on the ground and his head hit the brick road - It was dark night and there was..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Excessive number of injuries does not ipso facto lead to an inference about involvement of more than one person rather nature of injuries and similarity of their size/dimension would only lead to inference that deceased was mercilessly and repeatedly stabbed by same weapon and by same person...........
