Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 134 -- Murder - Witnesses who took injured to hospital not examined - No adverse inference drawn...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 157 -- Murder - Delay of two days in sending express report to Magistrate - No adverse affect on prosecution...........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302 -- Murder - Delay in sending report to Magistrate - Where FIR was actually recorded without delay and investigation started on basis of that FIR and there is no other infirmity brought to notice of Court then, however improper or objectionable delay in receipt of report by Magistrate concerned..........
Indian Penal Code, 1860, Section 376, 302 -- DNA Test - Rape and murder of prosecutrix who was pregnant - DNA Test of foetus and blood sample concluded that accused is biological father of foetus - Said fact is relevant to prove guilt of accused - Conviction upheld...........
Indian Penal Code, 1860, Section 302, 304I -- Culpable homicide - Conviction - Sustainability - Contention that as per medical report, no single injury has been found to be sufficient in ordinary course of nature to cause death, hence, no case u/s 302 IPC is made out - Held, cumulative effect of all injuries was known to each of accused - Even as per medical evidence,..........
Indian Penal Code, 1860, Section 302, 304I -- Culpable homicide - Conviction - Sustainability - Contention that as per medical report, no single injury has been found to be sufficient in ordinary course of nature to cause death, hence, no case u/s 302 IPC is made out - Held, cumulative effect of all injuries was known to each of accused - Even as per medical evidence,..........
Indian Penal Code, 1860, Section 366A, 302 -- Kidnapping of child - Demand of ransom of Five Lacks from mobile - Only oral evidence that PW5 gave SIM to accused - No proof that said SIM was used in the allege crime - Lacuna in prosecution evidence - Link between telephones of sender and receiver not proved - On disclosure of accused dead body recovered but this fact alone..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - Young daughter of PW4 and PW9 had died allegedly by consuming poison - No other details were brought to their notice, they had other daughters present in the house and the dead body of deceased was cremated against their wish - After the cremation, FIR was..........
Indian Penal Code, 1860, Section 302 -..........
Indian Penal Code, 1860, Section 302 -- Murder - Weapon used - Contradiction as to - Informant disclosed in the Fardbeyan that except "P" remaining appellants were having "dagger" in their hands and they used the same for causing injury to deceased - In Court the weapon used by "A" has been described as "Gupti" - Held, "Gupti" as well as "dagger" both are sharp cutting..........
