Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Delay in lodging FIR - Complainant stated that delay caused due to the threats given by accused to complainant and others against reporting the matter to police - Lodging of FIR instantaneously about commission of offence takes a back seat specifically..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Non-examination of eye witness - Examination of such eye witness would not have strengthened the case of prosecution any further when two other eye witnesses were examined and their testimonies are reliable and natural - Emphasis of Courts has always been to look to quality of evidence and not..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Two eye witnesses of occurrence are reliable and natural witnesses - Disclosure statement and recovery of weapon at the instance of accused proved - Motive also proved - Delay of lodging FIR properly explained - Prosecution proved its case beyond reasonable doubt - Conviction upheld - Appeal..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Spontaneous exchange of words as regards sharing of remaining amount after consumption of liquor led to sudden fight in heat of passion between accused and deceased - No prior motive or enmity between them as both are close relatives - No evidence to hold that accused took undue advantage or had acted in an..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Validity - Accused killed his wife and two daughters in most cruel and inhuman manner by locking them in Maruti Van and setting same on fire - Accused was police constable and had affairs with two women - Held, it is not a rarest of rare case to award death sentence as there was no reason to believe that..........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Held, conviction cannot be based only on circumstance of last seen together with deceased - Last seen theory comes into play where time-gap between the point of time when accused and deceased were seen last alive and deceased is found dead is so small that possibility of any person other than accused being..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction and murder - Circumstantial evidence - Accused No.1 to 3 abducted deceased - It is for accused persons to explain what happened to him as deceased was found murdered within a short time after abduction - In absence of any explanation Court to draw an adverse inference against accused persons that they are murderers..........
Criminal Procedure Code, 1973, Section 378, 386, Indian Penal Code, 1860, Section 302 -- Conviction by Trial Court - Acquittal by High Court - Interference with - Held, if view taken by High Court is reasonably possible view, it should not be disturbed because acquittal of accused by High Court has strengthened presumption of innocence of accused...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive is a double edged weapon - Just as there is a possibility of murders having been committed because of motive due to enmity, there is also a possibility of false implication of innocent people to settle past scores...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Appellants in pursuit of their common intention caused serious injuries to deceased which resulted in his death - It is not necessary for doctor to give a specific report to the effect that injuries were sufficient in ordinary course of nature to cause death - Medical evidence completely corroborates..........
