Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Motive - PW10 stated that accused was unhappy with deceased since he suspected deceased of having an illicit relationship with wife of accused - Evidence of PW10 not challenged in cross-examination - Prosecution thus, through evidence of PW10 established motive for commission of crime...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of blood stained weapon and clothes - FSL report did not corroborate prosecution case as regards use of knife by accused for commission of crime, as blood group of blood stains found on knife and clothes of deceased could not be confirmed with blood group of deceased - However, accused apparently did not have..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - There is no material contradictions in evidence of PW1, who is not only witness of arrest but to disclosure statement and recovery of knife and blood stained clothes at the instance of accused - Evidence of PW1 thus, trustworthy - Motive of crime proved on record - Prosecution proved the guilt..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Property dispute between parties - Heated altercation took place between accused and his father regarding share of property - When deceased intervened, he sustained fatal injury - Only single injury on chest of deceased was there - Neither injury assaulted to deceased was repeated nor any other..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Plea of false implication - Evidence of eye witnesses clearly proves their presence on the spot and they have witnessed the incident and have given true account - PW10, stated that all accused were sitting together and the fact that PW11 has seen only three persons does not indicate that only three persons were..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Wife of deceased/PW8 stated that deceased had his meal before starting from residence - However, no food stuff found in stomach of deceased which creates a strong suspicion about evidence of PW8 as per accused - Status regarding food in stomach of deceased becomes relevant when there is a issue regarding time of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - No prior enmity between parties - Both were neighbours - Weapon used is lathi and same was not for hitting deceased but seems to have hit deceased while following his wife with the same - No motive is forthcoming - Admittedly, it was dark and there was no provision of light - Moreover, deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution contended that deceased was murdered by both accused and accused contended that she committed suicide by hanging - However, medical evidence failed to decide as to whether case was of homicidal or suicide - No evidence on record to show that A-2 was present at the spot - Even otherwise, there is no evidence..........
Indian Penal Code, 1860, Section 302, 304B -- Alternative charge - A person cannot be convicted both u/s 302 as well as 304-B IPC - If charge u/s 304-B IPC fails, Court can proceed to examine if charge u/s 302 IPC would stick and that is why it has been suggested that it should be framed as an alternative charge...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused Nos.4 & 5 though named in the complaint, but no overt act was attributed to them - High Court rightly acquitted them by observing that in absence of specific overt act attributed to accused, they cannot be held, guilty - Accused rightly acquitted...........
