Indian Penal Code, 1860, Section 302 -- Murder - Setting on fire by putting kerosene oil - No evidence to show any scuffle or fight at the place of occurrence - Had accused poured kerosene on deceased and lit the fire, one would have expected that there would be evidence of some commotion and spillage of kerosene - Crime team has not reported spillage of kerosene in the..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of eye witnesses - Accused many in number came to the house of deceased with deadly weapons like swords, knife, motor cycle chain and sticks etc. - Brother of deceased/PW2 being unarmed would have naturally become frightened and may not have dared to interfere - Evidence of eye..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of weapons - Swords were recovered on the disclosure statements of accused persons - Chemical Analysis Report showed that blood-stains found on the quilt seized from the scene of occurrence was that of blood group `A' - `A' blood group was also detected on swords which were..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Deceased sustained as many as 26 injuries - Eye witnesses consistently spoke about incident that accused were armed with deadly weapons - Overt acts of accused is corroborated by medical evidence and also by recovery of weapons - Presence of mud on thighs and legs does not raise doubt about..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Benefit of doubt - Testimony of sole-witness, not reliable - TIP done after two weeks of arrest of accused - Contradiction in identification and arrest of accused - Finger prints found on liquor bottle not matched with that of accused - Recovery of knife from an open `nala' which..........
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 47, Rule 1 -- Review - Dismissal of appeal against conviction - Gang rape and murder of 23 years old girl - Conviction shall not be affected by any irregularity in arrest of accused, particularly when offence against accused is proved on record - No ground to hold that conviction and trial of..........
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 47, Rule 1 -- Review - Dismissal of appeal against conviction - Gang rape and murder of 23 years old girl - Supreme Court had cautiously gone into and revisited the entire evidences on record and after being fully satisfied had dismissed the appeal against conviction - By review petition accused..........
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 47, Rule 1 -- Review - Dismissal of appeal against conviction - Gang rape and murder of 23 years old girl - Court by impugned judgment dismissed the appeal against conviction of accused after marshalling the evidence of complainant and other evidences including scientific evidences that accused was..........
Indian Penal Code, 1860, Section 302, 498A, 506 -- Murder of wife by husband - Quantum of sentence - High Court while awarding life imprisonment to accused also stated that it would be a minimum period of 30 years without remission - No doubt case pertains to murder of wife by husband but there are some extenuating circumstances and one of them was that after killing wife..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Medical evidence - Report of FSL as well as Ballistic Experts - FSL reports disclose that samples collected from scene of offence had blood stains of human origin - However, blood stains were disintegrated by time of bloodstains were examined by FSL, blood group could not be..........
