TRIPURA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Accused alleged to have caused death of brother of informant by lathi blows - So, i, law of informant had not disclosed to anybody else except before trial Court that he had seen deceased with accused for last time before discovery of dead body - It could not be..........
TRIPURA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Last seen theory - Held, in case of circumstantial evidence, when theory of last seen together is one of the circumstances to link accused with offence and prove his guilt but said fact, if disclosed for first time in Court, should not be accepted as always last..........
CHHATTISGARH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 303-- Murder - Conviction - Death sentence - Reference - Sessions Court has recorded only one special reason for awarding death sentence to appellant i.e. he was a life-convict - Except above no other special reason has been assigned for awarding death sentence - Held, reason of being a life convict is..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - FIR lodged without any delay - Eye witnesses categorically support prosecution evidence - Even all PWs have supported prosecution story - Evidence of PW7 is relevant in the light of principle of res gestae - Ocular evidence corroborated by medical evidence - Recovery of weapon which found..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302-- Murder - Conviction and sentence set aside on the grounds : (1) Appellant himself lodged report with police which has been suppressed by prosecution; (2) Story narrated by appellant different than that framed by police; (3) PW1 made complete turn around stating that he did not know about love..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 307, 34-- Murder - Accused acquitted as : (i) Unnatural conduct of PW1 not only casts a doubt upon his statement but also renders investigation and timings as recorded in case diary highly doubtful; (ii) Glaring inconsistencies in the statements of fact witnesses; (iii) Motive alleged does not sound..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3-- Murder - Conviction - Validity - Accused alleged to have subjected his wife to physical and mental torture - On fateful day, husband poured kerosene on wife and set her ablaze - In dying declaration wife stated that she sustained accidental burns due to explosion of stove - She not even named..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 460, 147-- Murder - Appeal against conviction - Accused acquitted - No allegation in FIR of offence of robbery or to take off money by accused - Some amount due to accused from deceased alleged as motive to commit murder of deceased but not proved - Recovery of articles irrelevant when no theft was reported..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Murder - Culpable homicide not amounting to murder - Proof - Accused persons formed an unlawful assembly with object of killing deceased - Blow landed on deceased by accused `P' brought deceased to ground whereupon accused persons continued brutalizing deceased with help of stones and crushed his..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302-- Murder - Case based solely on the evidence of eyewitness - Accused armed with weapon `Falia' and inflicted 2-3 times of Falia blows on the body of deceased - Eye witness wife of deceased was present at the time of incident and fled away when accused tried to caused her injury - Evidence of eye..........