GAUHATI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder of 10 years old child by strangulation - Accused allured the deceased and PW4 by promising to give them bat and ball - He pushed some paper forcibly inside the mouth of deceased leading to bleeding injuries on being pressurized by child for bat and ball and strangulated him by napkin -..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 324, 34-- Double murder case - Common intention - Four eye witnesses stated in one voice that all three accused present at the place of occurrence with dao in their hands and inflicted multiple injuries on two deceased persons - It is not possible that accused `J' alone committed murder of two persons and..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118-- Murder of wife by husband - Testimony of 6 years old child witness - Deceased suffered extensive injuries prior to her death - However, no evidence on record as to how deceased suffered injuries, despite presence of child PW16 in the room where murder took place - Mere reference of child to..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302, 34-- Motive - Failure to prove - Murder - In the instant case, there are 4 eye witnesses of occurrence who have uniformly supported prosecution case as spelt out in FIR - Even, prosecution has not withheld any material witness to prove charge against accused - Hence, conviction of accused cannot be set..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34-- Delay in filing FIR - Murder - Plea that photolash and challanlash has no crime number and that FIR of incident was signed by Chief Judicial Magistrate after nine days of scribing FIR - Said plea is not sufficient to consider FIR ante-timed as case crime number is clearly mentioned in inquest..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3-- Murder - Appreciation of evidence - Evidence against accused is untrustworthy, unreliable, embellished, exaggerated and motivated to ensure implication of both accused - Even, there is no evidence against co-accused that he was inimically disposed towards deceased - Prosecution failed to prove..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 34-- Murder - Evidence of interested witness - Cannot be discarded on the ground that they are related to deceased or inimically disposed towards accused...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34-- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Last seen theory - There is a gap of almost 36 hours only between point of time when accused and deceased were last seen alive and when deceased was found dead - Said time gap is so small that possibility of any person..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34-- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Recovery of slippers and cap of deceased at the instance of accused - Site plan of place of occurrence and recovery of articles was prepared - Places of recoveries of slippers and cap of deceased are very near to place of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 149-- Murder - Prosecution produced six eye witnesses to the incident - However, evidence of eye witnesses is not truthful, reliable and trustworthy - Presence of eye witnesses at the time of incident is highly unnatural as also their ability to correctly identify each of accused from a considerable..........