Showing : 1081-1090 of 3509 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 148, 149-- Murder - Three eye witnesses to the occurrence - One declared hostile - However, statements of two eye witnesses record after 3 days of occurrence - No explanation for such delay - More so, there is no evidence on record as to how police came to know that these witnesses saw occurrence - Delay in..........
KERALA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - Intention of accused was only to inflict injury and not to cause death - Intention can be gathered from circumstances like nature of weapon, words used by accused at time of attack, motive behind attack and its severity - Thus, accused has committed offence u/s 324 IPC...........
KERALA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3-- Attempt to murder - Intention to cause death - Cause of injury was due to assault with stone and no fracture was found on head - As per medical evidence such injury was not sufficient to cause death - Oral testimony and medical evidence shows that accused has no intention to cause death of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder of wife by husband - Cause of death phosphide poison which was mixed in food - However, doctor opined that in case aluminum, phosphide had been added to food, it could be easily detected - Food could not be consumed as phosphide gas gives poisonous smell - Moreover, maid servant PW3..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder - Non-examination of injured witness - Injured witness was not examined as he was kidnapped at the relevant period - Non-examination of injured witness, held, not fatal to prosecution case and same cannot be a ground to disregard the evidence of eye witnesses...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Non-examination of independent witness - Entire case of prosecution cannot be discarded merely on the ground of absence of independent witness, as long as evidence of eye witness, though interested is trustworthy...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Discrepancies in the evidence of eye witness - Evidence of PW1, an eye witness, who lost his three sons in fateful incident was consistent and there is no major deviations or discrepancies in his evidence - Any minor discrepancies in the evidence of PW1 due to long gap between..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Death sentence - Trial Court awarded death sentence to accused on the ground that accused were guilty of committing cruel and heinous offence - Reasoning given by trial Court, does not convince that case comes under the rarest of rare category, which warrants penalty of death..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder of father by son - Prosecution proved the presence of accused at his home at night with deceased - Accused is duty bound to explain as to how death of his father was caused - Since no explanation as to death of deceased was given by accused, accused held responsible for commission of crime..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- Delayed FIR - Delay in lodging FIR properly explained as being a father of deceased PW5, became unwell for two hours after death of his son - More so, another incident of setting fire to the house of accused in the same night, which is the outcome of the murder of deceased at the hands of accused..........

Showing : 1081-1090 of 3509 Results