Indian Penal Code, 1860, Section 307, 120B, 506 -- Attempt to murder - Criminal conspiracy - Conspiracy hatched in public place as per PWs, as they overheard accused to kill complainant and his family - However, it is a matter of common sense that conspiracy is always hatched in secrecy, even though assumed that PWs heard accused hatching a conspiracy, they should have..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution projected case to be of `honour killing' by accused - However, there is no evidence on record that deceased eloped and married without parents consent - PW1 not supported prosecution case - Blood stained clothes though recovered but neither knife nor blood stained clothes were produced..........
Indian Penal Code, 1860, Section 302, 504, 506 -- Murder - Variance in the statements of PWs regarding happening of incident - According to PW1 he had seen the accused giving pickaxe blow on the head - However PW3 another eye witness deposed that PW1 was not present on the spot - Neither in FIR nor in the statements there is any mention about presence of PW3 - Contents of..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Extra-judicial confession - Made in presence of police officials after arrest of accused - Not admissible under law and accused cannot be convicted on that basis - Otherwise also there is no evidence on record to prove the guilt of accused, as FIR was registered but names of accused not..........
Indian Penal Code, 1860, Section 364A, 302, 201 -- Kidnapping for ransom - Murder of 10 years old child - Prosecution proved that accused kidnapped the deceased for ransom and demanded Rs.1 lac from the father of deceased PW1 and killed the deceased and dumped his body in a well - Cause of death was drowning - Dead body of deceased was recognized by his father PW1 - Voice..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 303, 304 -- Murder of wife by husband - Accused convicted without legal assistance - Legal assistance is not mere empty formality - It is mandatory for State and Trial Court to provide legal assistance to accused - Learned Judge failed to perform..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Accused and deceased first cousins - There was no enmity between both of them or their family - Investigation conducted by police reveals that they had consumed liquor - Prima facie case of prosecution is that deceased molested wife of accused and on this accused..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Nature of offence - Murder or accident - Collusion of truck and jeep on right side and occupants of truck fled away from the spot - Photographs on record shows that tyre marks on the spot which indicated that brakes were applied to avoid accident - False implication due to previous enmity was a plausible view - None of..........
Indian Penal Code, 1860, Section 302 -- Murder - In the instant case, accused and deceased were madly in love and wanted to marry but their parents opposed - Both decided to commit suicide and consumed copper sulphate - However, accused survived - Deceased left a suicide note stating we and no one else is responsible for our death - Hence, suicide note is sufficient to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder Circumstantial evidence - Circumstantial evidence of the following character needs to be fully established:- (i) Circumstances should be fully proved; (ii) Circumstances should be conclusive in nature; (iii) All the facts established should be consistent only with the hypothesis of guilt; (iv)..........
