Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Death by burning - Dying declaration of deceased recorded by Magistrate proceeded by parcha byan - There is clearly a deviation made by deceased in her dying declaration from what she stated in parcha byan - Fitness certificate was given after 15 minutes of recording of..........
Indian Penal Code, 1860, Section 304B, 498A, 302 -- Dowry death - Cruelty - Death due to kidney failure - Chemical Examiner's report that no common poison could be detected - No other injury detected during post mortem examination - Report of Chemical Examiner drawn by a series of analysis is an authentic piece of evidence to be relied upon in the absence of any eye..........
Indian Penal Code, 1860, Section 302, 326, 324, 34, Arms Act, 1959, Section 25 -- Murder - Deceased died due to gunshot injury caused by accused `M' - Weapon along with cartridges were recovered from accused `M', although rifle was licenced and issued in the name of his father - Accused `M' liable for murder of deceased and held rightly convicted...........
Indian Penal Code, 1860, Section 302, 326, 324, 34, Arms Act, 1959, Section 25 -- Murder - Six empty as well as four live cartridges recovered - However, neither any empty or bullet of revolver attributed to accused `K' and `P' were recovered from them - No evidence on record that alleged fired shots attributable to these accused which missed had hit any wall or shutter of..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Murder - Property dispute between parties - Complainant party come to the spot which is in possession of accused `G' along with trolley loaded with bricks etc., to take possession of said land - It indicate intention of complainant party - It cannot be said that complainant party had gone to place of occurrence..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149, 100 -- Murder - Right to private defence - Property dispute - Occurrence took place on the land belonging to accused `G' regarding possession of said land - Complainant party had entered the plot along with trolley loaded with bricks and caused injuries including grievous hurt on vital parts of accused party -..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Occurrence is virtually admitted by accused in their statement recorded u/s 313 Cr.P.C., with regard to injuries given to deceased and injured witnesses - Factum of existence of injuries on complainant party held,..........
Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34, Railways Act, 1989, Section 145 -- Murder - Transfer of investigation to CBI - Deceased stabbed to death in train after argument over seat - Complainant not able to show that there are serious flaws in investigation which lead to the conclusion that same is shoddy or tainted - Moreover, there is nothing on..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Last seen theory - PW9 saw two accused and their accomplice following deceased - In normal case, following someone may not be sufficient evidence of last seen - However, as per PW9 accused along with their accomplice followed deceased at night when there would be not be many other..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder - Robbery - Circumstantial evidence - Motive - Watch of deceased recovered from accused `G' in the presence of PW9, who being brother-in-law of deceased gifted the same to deceased - No test identification parade of watch was required to be conducted, since watch recovered in presence of..........
