Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Murder - Death sentence - 3 accused person killing 6 persons and wiping almost whole family on ground of honour saving of family - Though, it is a rarest of rare case to award capital punishment - Accused were awarded capital punishment by trial court, but they were acquitted by High..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Evidence of child witness - Murder case - 3 accused person shot dead 5 persons of a family - Child of 6 years took shelter under a cot and saw the occurrence - He was examined 10 years after incident at the age of 16 years - His evidence disbelieved by High Court stating that he was not a reliable..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302 -- Evidence of rustic witness - Murder case - Witness was confused by cross-examining for days together - Such an attempt by defence lawyer can hardly be approved - Discrepancies noticed in evidence of rustic witness who is subjected to grueling cross-examination should not be blown out of proportion -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murdre - Dying declaration - Deceased injured by accused persons - Brother of deceased reached place of incident - Deceased told names of accused who injured him - This witness lodged FIR, but failed to mention about dying declaration - No adverse inference could be drawn...........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302 -- Motive - Murder of six persons - Offence proved by direct evidence of eye-witness - Evidence of eye-witness does not suffer from major contradiction or improvements nor noticeable embellishment have been made by them - Failure to establish motive will not entitle accused to claim acquittal - Prosecution..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Framing of charge-sheet against accused - Statements of prosecution witnesses are not against applicant - Confession of co-accused is not substantive evidence - While perusing confessional statements of co-accused Court was not required to consider pros and cons of evidence and to record final verdict - Only prima facie..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Murder case - Recovery of blood stained clothes of accused - Recovery got effected by accused pursuant to his disclosure statement - Held, where accused had adequate opportunity to wash them or destroy them instead of preserving them to get them recovered, it is difficult to believe such recovery which..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 106 -- Murder - Case resting on circumstantial evidence of last seen - Prosecution allegations that on the day of Durga Puja, accused was found present at the puja pandal where the deceased was dancing with co-villagers - Accused was seen leaving with deceased - Within twenty minutes of his departure with..........
Indian Penal Code, 1860, Section 302 -- Murder - Single witness - Must inspire full confidence for conviction - Conduct of such witness when clearly unnatural it makes his evidence extremely suspicious - FIR lodged after inordinate delay - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - It is normal tendency of accused to abscond after committing the crime...........
