Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Deceased had given oral dying declaration in ambulance van on the way he was taken to hospital - Presence of solitary eye witness/PW9 to the occurrence is proved - Dying declaration of deceased corroborated by PW9 - PW8 and PW9 also supported prosecution case - Dying..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death penalty - Mitigating factor - Post conviction severe mental illness is a mitigating factor that appellate Court in appropriate cases, needs to consider while sentencing an accused to death penalty...........
Indian Penal Code, 1860, Section 363, 376, 302, 201, 84 -- Kidnapping, rape and murder of two minor girls - Death sentence - Mitigating factor - Post conviction severe mental illness - Accused after committing rape and murder of victims threw body of victim No.2 into well and concealed body of victim No.1 - He has been reeling under bouts of some form of mental..........
Indian Penal Code, 1860, Section 302 -- Murder of daughter by father - Hostile witness - Mother of deceased/PW21 stated in her supplementary statement that her husband murdered her daughter by throwing her from the roof in naked condition - Deceased was not raped by anyone - There was no occasion for PW21 to falsely implicated her husband/accused, though she was declared..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of husband of deceased about deceased receiving injuries on her body with Churra (weapon of offence) outside jhuggi stands corroborated by post mortem report, doctor's subsequent opinion and FSL report - No contradictions in testimonies of husband and father of deceased - Husband of deceased is thus, a natural..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single blow on vital part of body like head and that too by deadly weapon axe and used with force which proved to be fatal, was sufficient to hold that it was a case of murder within definition of S.300 IPC - Accused liable to be convicted u/s 302 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Accused is a lady who has recently delivered a child cannot be deprived of attending her newly born baby particularly when further custody of petitioner is not required for any investigation - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Complainant alleged illicit relations of deceased and accused and when husband of accused suspected about their relation he murdered his son/deceased - However, during inquest proceedings no such allegation was made by the complainant - Even, FIR was got recorded after..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Circumstantial evidence - Available evidence is wholly inconclusive in nature and does not give rise to a definite inference of guilt against accused and at least a prima facie case of bail is made out - Several other submissions in order to demonstrate falsity of..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Double murder case - Non-applicability of S.149 IPC is no bar in convicting accused u/s 302 IPC r/w S.34 IPC provided there is evidence which discloses commission of offence in furtherance of common intention...........
