Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused set ablaze the victim immediately after committing rape on her and on being threatened that incident would be disclosed by her to her mother - Incident occurred on the spur of moment - Accused intended to kill deceased after committing crime so as to silence her - Doctor also stated that..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased died due to head injury caused by sharp edged weapon after five days of incident - Eye witnesses stated that number of injuries were caused by accused to deceased - However, medical evidence not supported the version of eye witnesses - Injuries which are alleged to be sustained by deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - Reliability - Accused allegedly doing illegal business of extorting money from flat owners - An altercation took place over said matter as a result of which deceased sustained two gunshot injures - Presence of PW6 an eye witness at the place of occurrence not doubtful - Evidence of PW6..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prior concert between parties - Accused acted in furtherance of common intention - All accused came together and started abusing deceased and caused injuries to him by gunshot - Meeting of minds and common intention between accused in committing the murder of deceased established on record - Accused..........
Indian Penal Code, 1860, Section 302, 324, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Accused pleaded that on the date of incident he was discharging his duties in school and was not present at the place of incident when occurrence took place - However, three injured eye witnesses assigned specific role as to how accused assaulted deceased who suffered ante..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased died due to septicaemia after sixty two days of incident, which was indirectly due to injuries sustained by deceased - Accused `N' used country made pistol at deceased at his head thus he had the intention of causing such bodily injury as is likely to cause death - Conviction altered from..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Merely because deceased survived for sixty two days and his condition was stable when he was discharged from hospital, Court cannot draw an inference that intended injury caused was sufficient in the ordinary course of nature to cause death so as to attract S.300 clause (3) IPC - Conviction altered..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Cause of death asphyxia due to strangulation - Circumstantial evidence - Accused convicted as (i) Deceased was wife of accused and they had strained relations; (ii) Accused was suffering from venereal disease which he suspected to be sexually transmitted through his wife; (iii) Deceased and accused were last seen..........
Indian Penal Code, 1860, Section 302, 326, 341, 147, 148, 149 -- Murder - Unlawful assembly - Conviction cannot be set aside merely on the grounds that some of weapons were not recovered, expert opinion relating to blood stain and no, examination of some of witnesses, when the offence against accused were otherwise proved by eye witnesses and medical evidence...........
Indian Penal Code, 1860, Section 302, 326, 341, 147, 148, 149 -- Murder - Unlawful assembly - Common object - Eye witnesses to the occurrence cumulatively stated the specific role played by each one of five accused - All five accused ran away from the spot after causing severe injuries to deceased and injured witnesses - Motive for offence which resulted assault on..........
