Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PWs stated that accused and deceased were together the previous morning of incident - However, evidence of witnesses leaves it in the realm of doubt that deceased may have parted company with accused or may have gone away with PW2 - If that be a possibility, last seen theory does..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory not proved on record - Motive of crime also not established - Conduct of accused in not going in hiding and being at home at night before recovery of body is also incompatible with his guilt, as normal behavior would have been to abscond - Only on the basis of identification of..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Non-examination of I.O - Material contradictions were found in the testimony of PWs regarding manner of occurrence or place of occurrence - Non-examination of I.O, in such situation assumes significance as it caused prejudice to defence - PWs stated that due to assault victim's hand was hanging from the skin -..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 118 -- Murder - Death by burning - Testimony of child witness aged 8 years - PW15, daughter of deceased was found competent to depose in Court - She categorically stated that her father had set her mother on fire - Statement of PW15 is natural and it cannot be said that she was tortured to make such a..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Murder - Death by burning - Oral dying declaration - Deceased suffered 85% burn injuries - Dying declaration stands clearly established on record through testimony of nurse as also mother of victim - Testimonies of said witnesses fully inspires confidence, as they disclosed the events which took..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Death by burning - Deceased suffered 85% burn injuries - Conduct of accused not ensuring proper medical treatment to deceased conclusively establishes his guilt - Defence of accused that it was case of accident by bursting of stove, not proved on record, as no telltale signs of bursting of a stove were found on spot -..........
Indian Penal Code, 1860, Section 302, 149, 120B -- Double murder case - Appeal against conviction - Courts below gave convincing reasons after analyzing evidence of eye witness and other witnesses - Presence of accused at the scene of occurrence stood established - Evidence of all PWs are consistent and corroborated with each other regarding role of accused and their..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Not only mental illness but mental retardation which is an infirmity of mind by birth also falls within definition of unsoundness of mind...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - It is not necessary that injury capable of causing death should have been inflicted to come in the purview of S.307 IPC - It is the intention or knowledge of offender with which the act is committed, irrespective of result, which will attract the provision of S.307 IPC...........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 27, 30 -- Attempt to murder - Gunshot injury - Complainant fired at twice by both the accused in furtherance of their common intention - Two out of four injuries caused leave no doubt that intention of accused was to murder complainant - Motive of crime as per FIR not refuted by accused - Accused guilty of..........
