Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder of four persons of same family - Testimony of eye witnesses - Evidence of eye witness PW7 is fully supported by other eye witnesses - All the eye witnesses are consistent with prosecution case with respect to all material particulars and are credible and trustworthy - Their presence on the spot cannot be doubted..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder of four persons of same family - Evidence on record proves that accused were aggressors who came in a group to house of deceased, trespassed into their houses, dragged the deceased out and mercilessly assaulted deceased with sharp spears, arrows and lathis - Incident had taken place at about 6.00 am, which..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - PWs consistently and cogently deposed about seeing victim last with accused and about accused running away from the spot immediately after the incident - No explanation much less any plausible explanation is forthcoming from accused as to when he parted with company of victim - In absence of any explanation,..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused had no criminal history and he was a B.Sc. student at the time of incident - Aggravating circumstance is that accused took advantage of his position in victim's family for committing offences of rape and murder, in as much as family of victim had trusted accused and sent child along..........
Indian Penal Code, 1860, Section 302 -- Murder - Partial statement of prosecution witness doubtful - Said statement cannot be used by accused as a defence to shake the prosecution case, where said fact/statement is predicated beyond reasonable doubt...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery not proved by independent witness - Said recovery cannot be ignored unless proved to the contrary...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Partial statement of prosecution witness doubtful - Appreciation of evidence - Statement of eye-witness proved on record - Recovery of weapon and motor cycle proved - Even, statement of PWs 6 & 7 (doctors) clearly states that injury on head attributed is sufficient to cause death - Thus,..........
Indian Penal Code, 1860, Section 302, 34, 379, 120B -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - A-3 hatched conspiracy with her paramour A-1 along with A-2 and committed murder of her husband - It is proved and established on record that A-1 and A-2 were following A-3 and deceased as per instructions of A-3 and all accused were..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused and deceased were living in rented accommodation, where dead body of deceased was found - He was seen going out after locking the room and room locked for 3 days - Accused made disclosure statement before police and room was opened by accused by taking keys from his pocket in presence of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Dispute regarding supply of water - Mere fact that accused caught hold of deceased facilitating other accused to come with a knife and gupti and gave blows, it cannot be said that accused shared common intention with other accused, particularly when there is no evidence on record that there was..........
