Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Death by burning - Plea of alibi - Father of deceased categorically stated that accused was present at the time of occurrence - Nothing elicited in his cross examination - Medical evidence proves that death was not accidental - On the other hand DW1 does not inspire confidence regarding..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - 100% burn injuries - Plea of false implication - PW3 daughter of deceased who witnessed the occurrence has informed PW1, brother of deceased who immediately rushed towards the house of deceased and she told him that her husband poured kerosene on her - Oral dying..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against conviction - No recovery of weapon made - Police not conducted T.I.P and their investigation found to be not reliable - Prosecution witness and other persons had access to room for three days before recovery of dead body from there - Failure of prosecution to prove case beyond doubt - Accused entitled to..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Acquittal by trial Court - Conviction by High Court - Accused along with his father hit on back of head of deceased with spade and caused his death - Merely because widow and brother of deceased are near relations, their testimony cannot be disbelieved - Defence..........
Indian Penal Code, 1860, Section 302, 363, 364, 376(2)(f) -- Rape and murder of minor - Death sentence - Accused person kidnapped 4 year old girl child, committed rape on her and then hit her with iron spade on vital parts of body and killed her - After considering minutest details, instant case does not warrant award of extreme sentence of death to accused - Therefore,..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution failed to prove that accused was last seen with deceased - Accused arrested after three days of incident - It is unbelievable that he would not change his clothes and will roam around with blood stain clothes - Possibility that blood on clothes of accused and recoveries effected from him..........
Indian Penal Code, 1860, Section 302 -- Murder - Merely because deceased was the third wife of accused and evidence on record shows that first wife of accused left the house of accused and second wife committed suicide, it cannot be said that accused killed his third wife - Contention of prosecution in this regards rejected...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died due to burn injuries - Cause of fire or source of fire in the house of accused not investigated - In fact, case is not properly investigated at all as admitted by I.O himself - Doctor performing post mortem of deceased did not examine dead body with due care and caution - Prosecution totally failed to prove any..........
Indian Penal Code, 1860, Section 302, 460, 380, 34 -- Murder - Circumstantial evidence - No eye witness of occurrence - No evidence on record that accused was either seen entering house of deceased or coming out of house - Entire case rests on recovery of some ordinary articles and of little value which no accused would have carried after committing a crime - Recovery of..........
Criminal Procedure Code, 1973, Section 433A, Indian Penal Code, 1860, Section 302 -- Murder - Premature release - Petitioner had already undergone his mandatory minimum sentence required under the provisions of Cr.P.C. as well as Jail Manual framed by State - Case of petitioner does not fall under heinous crime as per State Jail Manual and recommendations made by State..........
