SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34-- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were put to I.O..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Testimony of eye-witnesses - Deceased and accused both belong to same locality - Occurrence was witnessed by several witnesses including eye witnesses who proved prosecution case - All the eye witnesses deposed in one voice regarding presence of accused at the place of occurrence, about..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 324, 148-- Murder - Eye witness - Incident took place in 1999 - Evidence of PW3, alleged eye witness first time recorded in 2004 - Name of PW3 was not mentioned in the list of witnesses - High Court rightly held, that PW3 was not an eye witness to occurrence...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 324, 148-- Murder - No eye witness to the incident - Father of deceased who witnessed the incident expired before completion of trial - PW3 an alleged witness rightly discarded by High Court as a planted witness - Testimony of only other witness PW7 is extremely indirect - No evidence on record that accused..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 8-- Murder of wife by husband - Mere fact that accused three days prior to incident stopped working and had sold his Rehri, even if accepted, does not bring forth any preparation for commission of murder of deceased by accused, particularly when accused never used Rehri to sell his vegetables...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 8-- Murder of wife by husband - Circumstantial evidence - Motive - Mere suspicion by PWs on accused that he suspected the character of deceased that third child to deceased was not born out of the wedlock of accused and deceased, it cannot be said that accused has a motive to commit the murder of..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307-- Murder of wife by husband - Attempt to murder daughter - Circumstantial evidence - Accused acquitted as circumstances established do not bring forth a chain of circumstances as : (i) Accused was not present in the home at the time of incident and thus, abscondance of accused at the spot does not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 148, 149-- Murder - Unlawful assembly - Four out of eight accused convicted - Only one accused inflicted injury on deceased and three others did not attack the deceased in any manner whatsoever - Three other accused cannot be convicted for offence u/s 302 IPC simpliciter when no injury is attributed on them..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 307, 323, 341, 147, 148, 149-- Attempt to murder - Common object - 48 persons intercepted victim, when he was proceedings on a motor cycle - Victim received 9 injuries on his body - All the injuries inflicted on the hands and legs of victim and none were found on the vial part of body - No medical evidence that injuries were..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302-- Death of complainant - Murder case - Facts disclosed in FIR are not admissible u/s 32 of Evidence Act - Treating contents enumerated in FIR as dying declaration of complainant after his death, thus, totally against law, particularly when it is neither in connection of death of deceased nor it..........