Indian Penal Code, 1860, Section 302 -- Murder - Accused allegedly fired pistol shots at chest of deceased resulting into his death - Ocular evidence quite consistent with prosecution version, regarding time, place and manner of occurrence and gets assurance from medical evidence - Prosecution case cannot be thrown merely on the ground of non-investigation on criminal..........
Indian Penal Code, 1860, Section 302 -- Death by hundred percent burn injuries - Accused did not make any effort to put off fire rather he restrained injured to run out of kitchen - Accused was found present by independent witnesses in room which was bolted from inside - Conviction, held, proper...........
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Grant of pardon to convicts by Governor - Seven accused convicted and sentenced to life imprisonment by trial court - Governor granted pardon to three of the accused pending appeal by pronouncing their innocence - Order of Governor set aside - Held, to decide the innocence or otherwise of..........
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Grant of pardon to convicts by Governor - Judicial review - Grounds are : (a) that he order has been passed without application of mind; (b) that the order is mala fide; (c) that the order has been passed on extraneous or wholly irrelevant considerations; (d) that relevant materials have..........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution allegation that accused suddenly appeared from sugar cane field and fired at former's father resulting into his death - Occurrence took place at night, thus no possibility of witnesses to have identified accused persons - Evidence of witnesses identifying accused persons with specific overt act neither credible..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Death due to gun shot injury - Witnesses stated in unequivocal terms that none of assailants was standing in front of deceased and no one fired a shot on any of frontal parts of body of deceased - Medical evidence showed that injury which caused death was Chest Cavity deep which could be caused..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof of - All accused persons along with deceased had started from Salarpur in truck for going to Gondal - On the way, episode occurred whereby deceased was done to death by A2 causing head injury to deceased - A3 inflicting knife blows to deceased - It also transpires that A1 and A4 were also present in cabin and they had..........
Indian Penal Code, 1860, Section 302 -- Accused caused death of his 25 days old infant daughter by strangulating her - Injuries on the body of child were centered at the mouth area and area around the neck and stomach contained 10 cc of creamish mucoid material suggesting manual strangulation and not the result of fall - Plea of accused that child could have been..........
Indian Penal Code, 1860, Section 302 -- Death due to electrocution - Proof - As per PW5 while the acquitted accused was near the transformer, the appellant herein, came and asked to switch off the line as the deceased had got shock on the pole - He has not been declared hostile by the prosecution - From his evidence, it seems that the transformer was at a distance from the..........
Indian Penal Code, 1860, Section 302 -- Murder - Plea of accused that it was case of accidental firing caused by his sudden fall and striking of butt of carbine machine - Said plea not tenable as no eye-witness was there except accused and deceased - However, statement of witnesses who reached place of occurrence after hearing gun shorts found accused in bent position..........
