Indian Penal Code,1860  - Section 302 , Section 307 , Section 34

Murder - Conviction - Sustainability - Trial Court - Convicted and sentenced the appellant for murder - High Court - Confirmed the conviction and sentence - Held, appellant allegedly used scissors as weapon for inflicting injury to the deceased - Injury on the person of deceased had two bifurcated cuts, hence it could have been caused with a pair of scissors as the blades opened up on the course of their travel through the body - In his cross-examination, the doctor was categorically stated that the injuries had been caused by a sharp weapon which could be single edged or double edged, but he admitted that he could not say with certainty if they had been caused by one weapon or more than one weapon - Further, PW3 eye-witness deposed that appellant had stabbed the deceased and he had been holding the scissor by its two handles and had stabbed the deceased with the cutting partition - No merit in appeal - Appeal dismissed.

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Indian Penal Code,1860  - Section 302 , Section 307 , Section 148 , Section 149 , The Arms Act,1959  - Section 27

Conviction and sentence - Triple murder - Trial Court - Convicted A-2 under section 302 IPC and section 27, Arms Act and sentenced him to suffer life imprisonment while acquitted A-1, A-3, A-4, A-5 and A-6 of all the charges - High Court - Reversed the acquittal order of the trial Court in respect of other accused and also convicted A-1, A-3, A-4, A-5 and A-6 under Section 148 and Section 302 read with Section 149 IPC - Appeals - Whether the High Court was justified in interfering with the order of acquittal passed in favour of the appellants by the trial court - Besides PW-1, PW-4 and PW-8, who are closely related to the three deceased, no other independent witness has been examined although the incident occurred in a busy market area - Ballistic report records unambiguously and unequivocally that the crime bullets and the cartridge cases were fired by the pistol stated to have been recovered from A-2 and no other firearm - Testimony of PW-1, PW-4 and PW-8 about the role of appellants, thus, is not corroborated by medical and ballistic evidence - Supreme Court - Evidence of PW-1, PW-4 and PW-8 lacks in credibility and is not of sterling worth to prove the involvement of A-1, A-3, A-4, A-5 and A-6 in the crime beyond any reasonable doubt - Impugned judgment of the High Court convicting the appellants set aside - Conviction of A-2 confirmed and the judgment of acquittal of the appellants by the trial Court restored.

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Indian Penal Code,1860  - Section 302 , Section 307 , Section 149

Murder, attempt to murder with unlawful assembly - Conviction and sentence - Appellants committed gruesome murder of two innocent persons and caused grievous injuries to PW.10 - No delay either in lodging the FIR or in sending the copy of the FIR to the Magistrate - No material discrepancy in the medical and ocular evidence - Murder weapons were recovered on the disclosure statements of the appellants, and were sent to Forensic Science Laboratory and the report was positive - No major contradiction found either in the evidence of the witnesses or any conflict in medical or ocular evidence which may tilt the balance in favour of the appellants - Judgment of the High Court affirmed in its totality - Appeals dismissed.

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Indian Penal Code,1860  - Section 302 , Section 447 , Section 149 , Section 147 , Section 148

Murder, unlawful assembly, rioting with deadly weapons - conviction and sentence - Appeal - Testimony of prosecution witnesses is found convincing and trust worthy about the incident - Statements of PWs 1 to 4 and the assertion of PW-7 who conducted the autopsy on the body of deceased clearly showed that the prosecution established its charge that both the deceased died due to the injuries sustained in the incident - Intention and knowledge to cause death has been amply demonstrated and proved - Prosecution established long standing land and water dispute among the deceased and the accused, the evidence of eye-witnesses are acceptable, contradictions are trivial in nature and medical evidence corroborate the assertion of prosecution witnesses - Supreme Court no interference in the order passed by the courts below - Appeal dismissed.

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Indian Penal Code,1860  - Section 302 , Section 34

Murder with common intention - conviction and sentence - Fact of homicidal death place of occurrence and time of his death not in dispute - Courts below found that evidence of both the eye-witnesses PW-1 and PW-2 inspired confidence and was worth acceptance as both of them had given full version of the incident - Held - Witnesses had no reason to falsely implicate the appellants and the co-accused and spare the real assailants - No fault found with the evidence recorded by the courts below accepting the evidence of closely related witnesses - Conviction orders upheld - Appeal dismissed.

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Indian Penal Code,1860  - Section 395 , Section 396 , Section 397

Dacoity with murder - Conviction and sentence - Concurrent findings of facts on record - Involvement and participation of all the six accused-appellants - Properly identified in the Test Identification Parades as well as in the Court by the witnesses - Looted property, particularly, ornaments, jewellery, silver glasses recovered and identified correctly - Doctor conducted autopsy corroborated injuries as well as the manner and the weapon with which such injuries were caused - Supreme Court - No interference with the concurrent findings of fact, recorded by the courts below - Appeal dismissed.

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Indian Penal Code,1860  - Section 395 , Section 396 , Section 397

Dacoity with murder - Acquittal - Appeal against - Recovery looted property on the basis of the disclosure statements respondents - Whether adverse inference could be drawn against the accused - No - No test identification parade was held at all concerning the two acquitted respondents/accused - None of the eye witnesses, identified either of the said respondents in the court - Recovery on the disclosure statements of either of the respondents/accused persons was not in close proximity of time from the date of incident - Recovery is either of cash, small things or vehicles which can be passed from one person to another without any difficulty - Supreme Court - No adverse inference can be drawn - Recoveries made on the disclosure statements of the respondents to connect them with the commission of the crime - Acquittal orders confirmed - Appeal dismissed.

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Indian Penal Code,1860  - Section 302 , Section 34 , Section 498-A

Murder with common intention, cruelty upon women by her husband & his relatives - Conviction and sentence - Evidence of PWs 5, 6, 7 and 8 is consistent evidence of ill-treatment of the deceased - There is consistent evidence that the appellant had an illicit relation with the wife of the brother of the appellant - Defence of the appellant that the deceased was suffering from jaundice has not been proved at all - No pathological report nor is there any medical subscription of any drug being administered on the deceased for treatment of jaundice - Nothing in the postmortem report to suggest that the body was beyond identification - Supreme Court held that the evidence given by PWs 5, 6, 7 and 8 is quite cogent and clearly established the prosecution case - No interference with the concurrent findings of the Courts below - Appeal dismissed.

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Indian Penal Code,1860  - Section 302 , Section 201

Murder and causing disappearance of evidence in relation to the offence - Conviction and sentence - Death of the deceased took place within one year of her marriage by catching fire at the matrimonial house - Evidence of the PW-7, the post-mortem Doctor - Death of the deceased initially was caused by physical strangulation and thereafter her body was thrown to the flames to destroy evidence of strangulation and the upper portion of the body was allowed to suffer third degree burn - Nobody other than deceased suffered burn injuries and none of the three inmates of the house suffered a scratch of an injury, even though the defence case was that everybody was in the house at the time when the house caught fire - No evidence on record showed that the husband of the deceased made any attempt to save the deceased - Appeal dismissed.

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Indian Penal Code,1860  - Section 302 , Section 323 , Section 34

Murder and hurt with common intention - Conviction and sentence for commission of the offences under - Appellant and other accused persons caused serious injuries on the head and body of the deceased by inflicting injuries by weapons like lohangi, kirpan and lathi which they were carrying with them - Statement of the two eye-witnesses, viz., PWs 1 & 2, supported by the proved medical evidence - Nature of the injuries caused to the deceased proved that the aforesaid injuries were caused with the intention of killing the deceased - The sword as also the lohangi and lathi, the weapons used during the incident recovered at the instance of the accused persons - Court found that it was not a sudden attack as it was proved that the accused persons were armed with deadly weapons like, lohangi and kirpan at the time of occurrence and gave blows of sword, lathi and lohangi on the vital parts of the body with the intention of killing deceased - Conviction orders against the appellant confirmed - Appeal dismissed.

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