Indian Penal Code, 1860, Section 323, 324 -- Simple or grievous hurt - From very beginning the case was registered for commission of offences punishable u/s 324 of IPC - Prima facie there was no evidence that victim was assaulted by any deadly weapon or any sharp cutting weapon - No medical report was submitted before trial Court - Held, offence u/s 324 of IPC could not be..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Appellant took deceased from his house at 7.30 p.m. - No further evidence of two being together thereafter - Deceased being found injured at public street at 10.15 p.m. - Evidence of last seen lose its incriminating character if place was a public place as possibility of somebody..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Proof - No charge u/s 120-B was framed against "S" - Recovery of a katta at his instance - No charge under Arms Act was framed against appellant "S" - Further, it is not prosecution's case that this katta was used to abduct PW1 - On the other hand, it is alleged that "R" was armed with such a weapon - Held,..........
Indian Penal Code, 1860, Section 302,148,34 -- Murder - Enmity between parties - Weapon of offence described by witnesses different than that recovered by IO - Contradictory manner of occurrence given by three different witnesses who claim to be eye witnesses - Utterly unsafe to sustain the judgment of conviction - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304 -- Murder or culpable homicide not amounting to murder - There is no universal rule that when death occurs on account of a single blow, S.302 IPC is ruled out - The fact situation has to be considered in each case - The part of the body on which the blow was dealt, the nature of injury and type of weapon used will not always be..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against conviction - Accused acquitted as (i) No evidence that there were any objectionable relations between deceased and niece of appellant prompting him to take extreme step; (ii) No independent witness joined by IO at the time of recording disclosure statement of appellant or at the time of affecting recovery of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 302, 147, 148, 449, 325, 323 read with S.149 IPC - Other co-accused already enlarged on bail - Accused-petitioner alleged to be having 'Barchi' in his hand but postmortem report does not show any injury caused by sharp weapon - As per postmortem report, injuries in the nature of bruises on various part of..........
Indian Penal Code, 1860, Section 302 -- Murder - Property dispute - Murder of brother, his wife and a child - Sentence - Accused was 28 years of age at the time of incident - Accused in jail since 30.06.2001 and in the death cell since the date of judgment of High Court on 30.05.2006 - Antecedent of accused unblemished - Murders not pre-planned or pre-meditated - No weapon..........
Indian Penal Code, 1860, Section 147, 148 -- Unlawful assembly - Not armed with deadly weapon at the time of commission of offence - Liable to be punished u/s 147 IPC - Member armed with deadly weapon or anything which used as a weapon of offence, is likely to cause death - Liable to be punished u/s 148 IPC...........
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery memo - Evidentiary value of - Recovery of weapon of offence - No witness to recovery - Recovery memo singed by police officer only - Held, no credence can be attached to such recovery - Other evidence also extremely sketchy - Conviction of accused..........
