Indian Penal Code, 1860, Section 302 -- Murder - Proof of - Criminal jurisprudence - Held, it is one of the fundamental principles of criminal jurisprudence that an accused is presumed to be innocent till he is proved to be guilty - It is equally well settled that suspicion howsoever strong can never take the place of proof - There is indeed a long distance between..........
Indian Penal Code, 1860, Section 302, 392, Evidence Act, 1872, Section 27, 114(a) -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307 -- Bail - Disposal of sessions trial in which applicant is in jail has been stayed by High Court - There is definitely no likelihood of disposal of the same in near future - Held, applicant should be released on bail - Bail granted...........
Indian Penal Code, 1860, Section 302, 304I -- Occurrence took place suddenly - Accused had no intention to kill his wife - There was no premeditation - There was exchange of words and quarrel between husband and wife and husband suddenly inflicted `Kulhari' blow on the head of wife - Act done in the heat of passion - Accused did not take any undue advantage or acted in a..........
Indian Penal Code, 1860, Section 302, 304 -- Murder or culpable homicide not amounting to murder - There is no universal rule that when death occurs on account of a single blow, S.302 IPC is ruled out - The fact situation has to be considered in each case - The part of the body on which the blow was dealt, the nature of injury and type of weapon used will not always be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Application has been given by the father of deceased to SP on 15.10.2010 alleging therein that deceased has been killed by applicant and co-accused "M" - Applicant has been allegedly medically examined on 13.10.2010 at 7.45 P.M. - He was brought by "M" but duration of injury..........
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- Murder - Proof - Interested witness - Appellant convicted u/s 449, 341 and 302 r/w S.34 IPC - Contention that PW2, PW3 and PW4 who were examined as eye witnesses turned hostile - Conviction cannot be based solely on evidence of PW1 who is elder brother of deceased -..........
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- FIR - Statement of witness - Discrepancy - PW6, sister of deceased stated in her evidence that her statement was recorded around 10 A.M. - FIR got registered by elder brother of deceased at 11 AM - PW6 stated in her evidence that she took deceased to hospital in an..........
Indian Penal Code, 1860, Section 302 -- Murder - It is not necessary that dead body of the victim should be found and identified - Conviction for offence of murder does not necessarily depend upon corpus delicti being found - The corpus delicti in a murder case has two components - death as result, and criminal agency of another as the means - Where there is a direct proof..........
Indian Penal Code, 1860, Section 302 -- Murder - Single blow with wooden pestle on head of deceased which caused multiple fractures on the skull leading to almost instantaneous death - Accused guilty of offence u/s 302 IPC...........
