Indian Penal Code, 1860, Section 302 -- Murder - Accused assaulted deceased with knife due to previous enmity - Dying declaration made before six witnesses implicating accused firmly established - Testimony of eye witnesses that accused was seen committing crime - Some of witnesses related to deceased but evidence of independent witnesses fully corroborated fact of assault..........
Indian Penal Code, 1860, Section 302 -- Murder or culpable homicide not amounting to murder - Held, an act of culpable homicide to constitute murder need not always be committed with an intention to commit murder - Reading of circumstances secondly and thirdly of S.300, IPC would indicate that intention stated therein is only to cause bodily injury and if such bodily..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased survived for 16 days after incident - Evidence on record would clearly establish that appellant-accused repeatedly assaulted deceased with an iron rod on head - Doctor who conducted post-mortem examination has opined that injuries sustained by deceased were sufficient in ordinary course of nature to cause death -..........
Indian Penal Code, 1860, Section 302, 304, 34 -..........
Indian Penal Code, 1860, Section 302, 307, Criminal Procedure Code, 1973, Section 354 -- Accused committed murder of his two sons aged 1 years and 3 years in a brutal and violet fashion with a lathi - Accused a rickshaw puller and a migrant with attendant psychological and economic pressure often overtake and overwhelm such person leading to horrendous incident - Held,..........
Criminal Procedure Code, 1973, Section 406, 302 -- Transfer of murder case - Witnesses not coming forward to depose due to threats of accused - One eye witness examined who turned hostile and there was ineffective cross examination by Public Prosecutor - Magistrate acted like a mere tape recorder to record whatever was stated by the witness - In view of these facts case..........
Indian Penal Code, 1860, Section 302 -- Homicidal or Suicidal death - Accused allegedly committed murder by strangulation with rope but projected story of suicide by hanging - No ligature mark found around neck of deceased - Motive suggested that accused had to spend substantial amount for treatment of deceased for her illness not proved - Held, conviction of accused..........
Indian Penal Code, 1860, Section 302 -- Five accused charged u/s 302 IPC and S.27 Arms Act without the aid of either S.149 or S.34 IPC - Two prosecution witnesses did not attribute any overt act at all against appellant but simply named him among the accused - Appellant cannot be held guilty of committing murder without imputing to him a shared object or intention to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 506 -- Bail - Offence u/ss 302, 307 & 506 IPC - Main role of firing on deceased alleged to be against co-accused - No role attributed to present applicant - Bail granted...........
Indian Penal Code, 1860, Section 302 -- Accused murdered the deceased, his wife and son by giving blows from the blunt side of kulhari on their heads - No eye witness to the alleged occurrence - Accused made extra judicial confession before his close associates which was found reliable - Voter identity card of accused found near the wall of the house of deceased - Finger..........
