Indian Penal Code, 1860, Section 302 -- Murder - Accused persons, six in number, armed with guns and deadly weapons, shot dead two persons and injured three - One of injured succumbed to his injuries after three days - Evidence of eye witnesses beset with serious infirmities and suffer from significant improvements and omissions, thus lacking in credibility - Eye witnesses..........
Indian Penal Code, 1860, Section 302 -- Special Leave Petition (SLP) - Murder case - Accused convicted and sentenced by trial court - Judgment of conviction and order of sentence upheld by High Court in appeal preferred by convict - Special Leave Petition (SLP) against judgment of High Court dismissed summarily - Held, dismissal of SLP summarily does not mean affirmance of..........
Indian Penal Code, 1860, Section 302 -- Culpable Homicide - Conviction - Sustainability - Defence evidence not adduced - Deceased had died homicidal death - Testimony of PW1, eye-witness and informant fully corroborated by PW2 and PW3 - Clear from FIR that accused was armed with rifle and fired shots - Deceased fell down after receiving injuries - No reasonable doubt in..........
Indian Penal Code, 1860, Section 302 -- Culpable Homicide - Conviction - Sustainability - Contention that witnesses has not seen the incident - No blackening, charring and tattooing around wounded area of deceased's body - Moreover, PW1 stated that two fires were shot by accused - But only one wound of entry and only one corresponding wound of exit of firearm was found -..........
Indian Penal Code, 1860, Section 84, 302, Evidence Act, 1872, Section 105 -- Murder - Plea of insanity by the accused - Held, initial burden of proving the offence always rests on the shoulders of prosecution and the same never shifts - However, in the event of plea of insanity is taken by accused, burden of proving such plea lies upon the accused - Accused can discharge..........
Indian Penal Code, 1860, Section 302, 304 -- Part-II - Quarrel between accused and his wife on the spur of moment - Accused assaulted his wife and also his mother who tried to intervene with sharp edged weapon - Child of accused woke up and started crying, whereafter accused caused two injuries resulting in the death of child - However, accused did not use sharp edged..........
Indian Penal Code, 1860, Section 302, 384 -- Murder - Extortion - Delay of 17/18 hrs. in lodging FIR - Father was in shock to receive ransom letter - Father testified that he was a poor man and, therefore, could not arrange for ransom sum of Rs.70,000/- - He then brought this fact to notice of other persons and approached police - Held, all parents whether rich or poor..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 27 -- Murder - Disclosure statement - Recovery of dead body - Dead body of deceased recovered from field of sugarcane at instance of accused - Evidence of police recovering dead body fully corroborated by evidence produced by other witnesses - Plea of accused that sugarcane field being accessible to..........
Indian Penal Code, 1860, Section 302 -- Murder - Strangulation - Fracture of hyoid bone - Medical jurisprudence - Held, fracture of hyoid bone is not necessary in case of strangulation - An inference of strangulation was drawn in absence of any explanation from accused even though there was no apparent mark on dead body...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused committed murder of four children and a woman with whom he was living as husband and wife - Two children were from the first wife of accused with whom he had divorced and married deceased while projecting himself to be single after changing his name - On the night of occurrence accused took..........
