Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Testimony of eye witnesses - Incident was witnessed by PW8 and PW9 - They have seen accused inflicting knife blows to deceased - Knife was recovered at the instance of accused on the basis of disclosure statement - Injuries were ante mortem in nature and were sufficient to cause death in ordinary course of nature -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Wife of deceased stated that her husband called accused for doing labour job - Accused and deceased left the house in congenial atmosphere - Theory of motive as propounded by wife of deceased per se unconvincing for the reason that had there been any prior..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW2, PW15 and PW20 claimed to have seen accused and deceased together - Even accused and deceased were allegedly grappling with each other - Though last seen witnesses were present at the spot, where dead body of deceased was recovered and requisite..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained axe and clothes of deceased and accused - Delay in sending articles to FSL - There is thus, grave discrepancy regarding safe keeping of articles before the same were forwarded to FSL - No reliance therefore, can be placed on FSL report as an incriminating evidence against..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - Plea of accused that some of the witnesses of prosecution turned hostile - Not tenable - Even if, some witnesses turned hostile, it would not adversely affect the case of prosecution...........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - On perusal of evidence of PWs, it is proved that accused was addicted to consuming liquor and that he used to demand money from deceased and her parents quite often - Even, accused at times used to ill-treat and assault deceased - Acts and behavior of accused towards..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - Plea of accidental death by defence - Admittedly, accused was the only person present at the time of incident in the house with deceased - Evidence of I.O., post mortem report, FSL report and evidence of doctor has proved that kerosene oil was found on the body of..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - Plea of accused that sari of deceased accidentally caught fire when she was boiling water on the oven - Cannot be believed as in case had it been a case of catching of fire from the oven, then in such event, smell of kerosene oil from the body of deceased would not have..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - Plea of accidental death by accused - Cannot be believed as had it been a case of accident burn injuries sustained by deceased would have been more on lower part of her body rather on the upper part of body because according to defence deceased was near to oven when her..........
Indian Penal Code, 1860, Section 302, 465, 419, Evidence Act, 1872, Section 106 -- Double murder case - Burden of proof - Accused along with two deceased were staying in hotel room - There was nobody else in the room at the time of incident - Therefore, in view of evidence on record and lack of explanation by accused leads to only conclusion that it was none else than..........
