Indian Penal Code, 1860, Section 302 -- Murder of husband by wife - Circumstantial evidence - Deceased allegedly assaulted by accused with knife - However, post mortem report shows multiples injuries on the body of deceased not caused by one person and tells entirely different story - More so, accused being woman could not make such severe and repeated assault on deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased left cinema hall together - PW2, gate keeper of Cinema knew both of them - Evidence of PW2 corroborates evidence of father and wife of deceased to the effect that deceased had gone to see a movie before occurrence of incident and that both were seen together..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of PW4, blacksmith - PW4 is well acquainted with accused and deceased - He identified spear which was seized by police as one which accused had got sharpened from him, which means that accused had made prior preparation with an intent to commit murder - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of father and wife of deceased who are natural witnesses of scene of offence is reliable - Post mortem report of deceased fully corroborated the ocular testimony of these PWs - Incident occurred just outside the house of deceased - One chappal of accused was recovered from the spot -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred when deceased aimed a rifle at accused and due to altercation between them, accused used his gun to fire at deceased - Fire by accused is due to threat perception created by deceased in the mind of accused - Case of accused would fall under ambit of right to private defence, however,..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Murder - Circumstantial evidence - Delay in recording statement of key witnesses, not explained - In the chain of circumstances viz., recovery of dead body, recovery of clothes and car of deceased at instance of A-3, and motive for commission of crime, not conclusively proved by prosecution - No evidence to prove that A-3..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Second bail application - Murder of wife by husband - Evidence on record shows that accused murdered his wife - Motive of crime is that deceased is said to have got an insurance of Rs.5 lakhs - Weapon of offence also discovered at the pointing of accused -..........
Indian Penal Code, 1860, Section 302 -- Murder - Gu, shot injury - No evidence on record that accused was author of gunshot which killed deceased - Ballistic report did not support prosecution case, as it opined that cartridges fired and recovered from spot could not be fired from rifle belonging to accused - More so, alleged rifle not taken in police custody immediately..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Sentence - Modification - For offence of murder, minimum sentence is `life imprisonment' - High Court cannot modify the sentence to one already undergone - Modification done by High Court was erroneous - Order of High Court removing the cap of 30 years is not correct thus, set aside...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - In first charge sheet and second charge sheet, trial Court awarded consecutive sentences and not concurrent sentences - Both cases were tried together - Conviction was recorded by one common judgment - Sentences were also recorded by one common order - High Court rightly concluded that sentences to run..........
