Indian Penal Code, 1860, Section 302, 34 -- Murder - Interested witnesses - Motive of crime is clear as on previous day of occurrence also, parties met at police station regarding some issue - Evidence of ocular witnesses narrates guilt of accused beyond reasonable doubt and corroborates with medical evidence - Testimonies of interested witnesses provided clear picture of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of eye witness/PW3 - PW3 narrated incident that deceased was attacked by accused explaining role played by each of accused - Evidence of PW3 also credible and corroborated with medical evidence - Evidence of PW3 cannot be disbelieved merely on the ground that DW1 stated that on the date of incident PW3 was..........
Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302 -- Appeal by State seeking enhancement of jail sentence - Once Sessions Judge found accused guilty of murder punishable u/s 302 IPC, only punishment that can be awarded is either death penalty or life imprisonment and fine - It is unbelievable that how Sessions Judge awarded 10 years jail..........
Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302 -- Appeal by State seeking enhancement of jail sentence - Dasti notice was duly served to accused - However, he did not appear - Even no appeal filed by accused questioning legality of order of Sessions Judge convicting him for commission of offence of murder - Amicus curiae is appointed by..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Deceased was last seen in company of accused - Accused and deceased both went together to a liquor shop to purchase bottle of whisky - Finger prints of accused on whisky bottle and glass and other seized articles at the scene of occurrence were found by Expert - Recovery of all seized articles..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Complainant not witnessed the occurrence - He believed whatever eye witness PW2 informed him - However, conduct and statements of PW2/eye witness do not inspire confidence - PW3 another eye witness, wife of deceased though stated to be in shock and not in consciousness for about a month - But no medical evidence produced..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Contradictory statement of witnesses as to aspects of happening of incident, taking victim to the hospital, presence of PW1 at the time of alleged incident, detaining accused from bus stand or from his mother-i, law's house, recovery of material objects from possession of accused and lodging of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred all of a sudden without any premeditation due to sudden quarrel which took place between accused and his wife/deceased - Accused had not taken undue advantage or acted in a cruel or unusual manner - Evidence of PW5 and PW6, children of accused and deceased coupled with evidence of..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Death whether due to poisoning or strangulation - Non-preservation of viscera - Fatal to prosecution case - Statement of doctor that viscera was not preserved as there is no presence of poison - Not sufficient in the peculiar circumstances of the case particularly when independent panch..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Clear and cogent evidence of PW15 and PW17 on record against accused `R' and `B' as to their involvement in commission of dacoity and evidence of recovery of various items of jewels - Jewels so recovered from these accused were identified by owner of pawn shop/PW1 and PW7 to PW14 who pledged jewels with PW1 -..........
