Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution allegation that accused preparing furniture in his house at the instance of deceased - Accused came to house of deceased and took him in the presence of wife of deceased for getting furniture - Son and brother of deceased went to the house of accused and found dead body of the deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died in house - Wife of accused tried to mislead police - Wife of accused made mala fide claim that on the day of murder dacoity committed in house in question - Conduct of wife most suspicious around the time of murder - Accused did not give any explanation in respect of facts which was within her knowledge - She..........
Indian Penal Code, 1860, Section 302, 328, 306, 376(2)(g), Criminal Procedure Code, 1973, Section 222 -- Conviction u/s 302 IPC - Appellate Court modified charge to one u/ss 306 & 328 IPC which is punishable with lesser punishment - Such modification is permissible...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife - Incident took place inside the room where accused and deceased alone were present - Dead body of deceased found lying on the cot in injured condition - Weapon of offence recovered at the instance of accused from the place which was not within the knowledge of investigating officer or..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died inside the house in presence of accused - Death was not normal or suicidal but was homicidal - Accused offered no explanation as to how deceased died - Accused also made extra judicial confession to two PW's - Evidence revealed that relation between the deceased and the accused were not cordial - Conviction..........
Indian Penal Code, 1860, Section 302, 304 -- Accused on the day of Holy festival came on a bicycle and dashed it with the deck which was being played by deceased and others - No previous enmity between the accused and deceased - Incident was the result of a sudden hot wordy quarrel and exchange of abuses without any premeditation - Two injuries found on the head of..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused allegedly killed deceased by throttling - Four uncles of the deceased came forward in support of prosecution case - Father and mother of deceased not examined as witness - Held, non examination of either father or mother of deceased creates serious doubts on prosecution case...........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution allegation that accused was sharing room with deceased and one other person - Topology of place of crime shows that the building to be densely inhabited - On the night intervening Jagran going on near the spot, Devotees visiting the site of Jagran - Constant flow of people in and out from the area in question -..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 91 -- Murder - Accused told police that he detected murder when he returned in morning after night duty - Investigating officer neither took steps to summon employer nor investigating officer explained as to what deterred him from visiting place of work of accused - Held, prosecution had faulted,..........
Indian Penal Code, 1860, Section 302, 149 -- Murder and unlawful assembly - Prosecution allegations that accused persons came armed and attacked the victim party at their house resulting into death of the deceased - Prosecution story not wholly reliable in view of discrepancy in testimony of eye witnesses - Held, possibility of defence version that they or some of them..........
