Indian Penal Code, 1860, Section 302 -- Administration of poison by use of force - Failure to prove possession of poison with accused - Incident took place inside the bed room at night time - Apart from appellant no one was there - Presence of lacerated wounds on lips, contusions in the ear and abrasions in the chest - Without any force these injuries could not be there in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 307, 302 -- Grant of bail - Incident took place at 9 P.M. on highway where there was no source of light - Five persons, including applicant, are alleged to have fired indiscriminately at deceased - All the accused are alleged to be armed with licensed and illicit firearms but only..........
Indian Penal Code, 1860, Section 302 -- Murder - Non examination of two injured witnesses and other independent witnesses - Only relation witnesses examined - No question put to I.O. in his cross examination as to why other witnesses not examined - Conviction calls for no interference when after reading the entire evidence collectively inference can safely be drawn that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Cancellation of bail - Murder due to political rivalry - Accused a sitting M.P. - Charge-sheet filed - Accused alleged to be giving threatening calls - Held, if complainant received any fresh threat from accused in such event trial Court is free to take appropriate steps - Merely on basis..........
Indian Penal Code, 1860, Section 302, 392 -- Robbery and murder - Proof - Circumstantial evidence - Prosecution evidence that recovery of gold ornaments belonging to deceased at the instance of accused - Evidence produced to establish presence of accused near place of occurrence, at or about the time of commission of crime has also been found to be irrelevant because..........
Criminal Procedure Code, 1973, Section 304, 303, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Fair trial - Bomb planted by accused in a bus - Accused a Pakistani national - Four persons killed in blast - Trial of accused - Accused unable to engage counsel of his own for want of sufficient means - State providing a counsel..........
Criminal Procedure Code, 1973, Section 304, 303, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Criminal trial - Economic offences - Free legal aid - Accused unable to engage counsel - Under Cr.P.C. Court is required to appoint a counsel for accused at expenses of State - However, same yardstick is not applicable in respect..........
Indian Penal Code, 1860, Section 302 -- Murder - Oral dying declaration made to PWs 1 to 3 - PW1 stated in cross examination that deceased was found unconscious when he reached at the scene of occurrence and unconsciousness continued until he died - PW3 stated that deceased was talking always - Held, two contrary statements create a situation of doubt - Two views possible..........
Indian Penal Code, 1860, Section 302, 448, 324 -- Murder - Eye-witness or hear say witness - PW2 stated that he saw from a distance that 30-40 people had gathered in front of his house and there was a commotion including shouts of his son `M', who ran towards him to tell him not to go home because people were being attacked there - Witness does not accuse any particular..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof of - Criminal jurisprudence - Held, it is one of the fundamental principles of criminal jurisprudence that an accused is presumed to be innocent till he is proved to be guilty - It is equally well settled that suspicion howsoever strong can never take the place of proof - There is indeed a long distance between..........
