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..........
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
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, 498A, 34 -- Suicide or victim set on fire - 98% burn injuries - Ornaments which belong to victim such as Mangalsutra, a nathi (nose ring) some glass bangles and peinjan (an ornament worn on foot) were found below the pillow in the room - These are such ornaments which an Indian married woman normally does not remove and in Indian..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Victim stated to be set on fire - 98% burn injuries - Neighbours first raised an alarm - No explanation why none of them not examined - One neighbor also accompanied accused husband to the hospital to arrange for an ambulance and this person not examined - Non examination of these important witnesses leads to non..........
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...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Common intention - Presence of accused at the time of occurrence with sharp edged weapon not disputed - Both A-1 and A-3 shared common intention with A-2 by causing bodily injuries to deceased which were sufficient in ordinary course of nature to cause death of deceased persons - S.34 IPC therefore clearly..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Name of accused missing both in Dehati Nalishi (FIR) as well as in statement of eye witness recorded u/s 161 Cr.P.C - No explanation given for the same - Eye witness not identified accused in the Court, as he stated that when deceased was being attacked he told him to go to his house and inform that accused are..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused and deceased - Accused dragged deceased from verandah to village road and under a jack fruit tree he again picked up quarrel with deceased - When others started to disengage them from further quarrel, accused became aggressive and gave a blow by means of a wooden stick on the..........
Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession made by accused before PW4 - Post mortem report suggests that death of deceased was not suicidal as alleged by accused, but rather she was hanged after she had lost consciousness - Factum of commission of death by hanging corroborated by Panhchayatnama which notes that deceased was hanging from roof..........
