Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302 -- Murder by `Kulhari' - Child witness categorically stated that accused inflicted `kulhari' blow on the head of deceased and that she asked accused not to do so but accused threatened her to keep silence or else she would also be finished - Plea that testimony of child witness cannot be relied to..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of pregnant wife by husband - Cause of death asphyxia on account of strangulation - Deceased was carrying pregnancy of 8 months at the time of death - Admittedly deceased was wife of accused and it was accused who was staying with his wife at the time of her death - It is for him to show as to in what manner she died,..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of pregnant wife by husband - Death by strangulation - Accused hurriedly buried the body of deceased wife before anyone from parental side of his wife could reach - Post mortem examination of deceased conducted after dead body was exhumed which reveals that deceased died homicidal death as ante mortem external injuries..........
Indian Penal Code, 1860, Section 302, 120B, 201, Evidence Act, 1872, Section 3 -- Murder - Proof of - Presumption of innocence - A dead body reduced to skeleton, recovered from septic tank of house - Post mortem report stated death was about two and a half month prior - Evidence on record established that all accused had knowledge of deceased being killed - But no..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction - Murder - Recovery of rope being led thereto by accused `C' is admissible in evidence - Discrepancy about the texture of rope, seizure thereof having otherwise been proved is not of much significance...........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction - Murder - Proved abduction of deceased from his house by accused is per se criminal offence and carries with it a much higher degree of sinister culpability compared to any phenomenon of "last seen together" - Deceased being in the custody of accused after his abduction, was within their special knowledge as to..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction - Murder - Motive - Successive visits of accused on the turn of 15 days to the house of deceased in search of son of deceased, whom they suspected was involved in the murder of one of accused `C' and ultimately on the date of incident deceased forcibly taken away by accused and thereafter found to have died a..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction - Murder - Medical evidence - Dead body of deceased found in decomposed state - Cause of death is asphyxia - Absence of visible injury on the body per se, does not militate against otherwise unambiguous medical opinion that death was due to asphyxia - It also does not cast any doubt about homicidal death of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of weapon of offence at the pointing out of accused - Time of recovery not mentioned - Public witness not joined - Alleged theory of recovery not believable - Without corroboration of independent witnesses recovery of weapon of offence not believable - Sole evidence of recovery itself..........
Indian Penal Code, 1860, Section 302 -- Murder - Acquittal - FIR lodged against unknown persons - Admittedly, there was nobody at house when deceased was attacked - Later specific defence was taken that there was some dispute between brother of deceased and parents of accused regarding some amount - Thus, taking advantage of the situation accused was falsely implicated in..........
