Indian Penal Code, 1860, Section 302, 394 -- Murder - Circumstantial evidence - Accused arrested about 14 days of incident - Accused kept the blood stained pant safely so as to hand it over to the investigation officer - Held, no sane person will keep and preserve incriminating evidence with him for such a long period and after the incident produce that evidence to the..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15, 3(3), Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 25, 26 -- Murder committed by five accused who were terrorists - Two accused expired and out of remaining three only one accused could be arrested and tried for the offences under TADA and S.302 IPC - Eye witnesses resiled and..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 14(3), 19, Indian Penal Code, 1860, Section 302 -- Offence of murder committed by terrorists in J&K - Accused charged under TADA and S.302 IPC - Conduct of trial - Trial has to be conducted in accordance with scheme of CrPC, 1973 and not in accordance with CrPC as applicable in the state of J&K...........
Indian Penal Code, 1860, Section 302, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3 -- Murder - Post mortem not conducted - Victim was a political leader - Angry mob did not allow Police to conduct post mortem - Adverse inference not drawn - There was good evidence that deceased died of the bullet injuries almost immediately after he was fired...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Medical evidence in conformity with ocular evidence - No doubt in manner of assault and weapons used for causing instantaneous death - Presence of eye witnesses who are relations quite natural - Victim was charged previous night for applying with witch craft upon wife of one of appellant - Weapon of offence recovered -..........
Indian Penal Code, 1860, Section 302, 304 -- Murder - Accused had scuffle with informant but villagers intervened and matter sorted out - About an hour thereafter accused again came back armed with pistol and fired upon informant - However, informant bowed down and fire shot struck deceased on her head who fell down and succumbed to her injury - Held, act of firing was not..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused armed with rifles, encircled deceased and fired shot at him resulting into his death - Position of accused persons could not be fixed as witnesses failed to depose as to which person is standing at which palace - This does not warrant an inference that there is contradiction or variation in the prosecution version..........
Indian Penal Code, 1860, Section 302, 506 -- Conviction - Legality - Altercation between parties - Incriminating circumstances against accused not put to him in his statement u/s 313 Cr.P.C. - Specific allegation against accused for thrusting spear into the chest of deceased not put to accused in his statement u/s 313 Cr.P.C. - No questioning about the deceased being..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in lodging FIR explained - Eyewitnesses related to the deceased - Veracity and truthfulness of their testimony cannot be doubted - Prosecution story is fully supported and corroborated by both the eyewitnesses - Testimony of eye-witnesses is fully supported by medical evidence - Evidence on record indicates that..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Nobody saw accused committing murder of deceased - Prosecution case resting on circumstantial evidence - Accused husband committed murder of wife by throttling and thereafter buried her dead body in the sands of river - Dead body of deceased recovered nine days after accused and deceased left together thus overruling..........
