SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 304(Part I)-- Nature of offence - Deceased sustained gunshot wounds on the left thigh - Weapon used and the manner in which attack was made and injury was inflicted due to premeditation establish that accused intended to cause the injury - However, injury was on the inner part of left thigh, which is no, vital..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27-- Murder - All PWs except PW1, PW8 and PW7 turned hostile - Evidence of PW1 and PW8, witnesses of occurrence, prove guilt of accused, which is corroborated by evidence of doctor PW7 - Order of acquittal is erroneous for no, consideration of evidence of said PWs - High Court rightly reversed the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27-- Murder - Accused contended that time of occurrence as rendered by doctor PW7 is totally different and having regard to medical evidence, thus benefit of doubt must be given to him - Contention rejected as it cannot vitiate the other part of cogent evidence of PW1 and PW8, so as to interfere in the..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 397, 302, 34-- Robbery - Murder - Identification of accused - Eye witnesses had not seen the accused earlier and seen the accused only in police station after three months of incident and identified them as assailants - Thereafter eye witnesses identified the accused in Court - No test identification parade..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 397, 302, 34-- Robbery - Murder - Computer sketches of accused persons got prepared by police which were identified by CW10 - However, CW10 not examined in Court - Link evidence thus missing - More so, medical evidence not sufficiently proved the case against accused - Trial Court is justified in acquitting..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 84, 504-- Murder - Plea of insanity by accused - Performance of Pooja and preparation of tea immediately after committing murder by accused, would be relevant factor in holding that accused was not unsoundness of mind at the time of incident, particularly when there is no evidence adduced by accused to show..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Accused set ablaze the victim immediately after committing rape on her and on being threatened that incident would be disclosed by her to her mother - Incident occurred on the spur of moment - Accused intended to kill deceased after committing crime so as to silence her -..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Deceased died due to head injury caused by sharp edged weapon after five days of incident - Eye witnesses stated that number of injuries were caused by accused to deceased - However, medical evidence not supported the version of eye witnesses - Injuries which are alleged to be..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder - Testimony of sole eye witness - Reliability - Accused allegedly doing illegal business of extorting money from flat owners - An altercation took place over said matter as a result of which deceased sustained two gunshot injures - Presence of PW6 an eye witness at the place of occurrence..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Prior concert between parties - Accused acted in furtherance of common intention - All accused came together and started abusing deceased and caused injuries to him by gunshot - Meeting of minds and common intention between accused in committing the murder of deceased..........