Indian Penal Code, 1860, Section 300 -- Clause 3 - Culpable homicide - Culpable homicide when amounts to murder - Prosecution must establish that a bodily injury is present - The nature of injury must be proved - Thirdly it must be proved that there was an intention to inflict that particular bodily injury - Once these three elements are proved then it must be proved that..........
Indian Penal Code, 1860, Section 299, 300 -- Culpable homicide - Culpable homicide is genus and murder is its specie - All murder is culpable homicide but not vice-versa - Culpable homicide sans special characteristics of murder is culpable homicide not amounting to murder...........
Indian Penal Code, 1860, Section 120B, 364, 302, 34, 394 -- Murder - Gang rape - Four accused - Gang rape, murder and stealing her jewellery and throwing her dead body near pasture land - Husband of deceased when not in house, A1 went on cycle to house of deceased and took her along with him - Deceased was last seen in company of A1 - Dead body of deceased found near..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Murder - Death by burn injuries - Dying declaration - Dying declaration that husband after quarrelling with her threw a burning kerosene lamp on her - Dying declaration corroborated by PW 3 - Appellant was present in the room when deceased sustained injuries - FSL report proved that smell of..........
Indian Penal Code, 1860, Section 302, 304 PartII, Criminal Procedure Code, 1973, Section 374(2) -- Murder - Alteration of conviction - Conviction for causing death of wife by assaulting her on head - On first instance deceased came with an axe and assaulted accused which enraged accused and he snatched axe and assaulted deceased - Accused assaulted deceased in a sudden..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical opinion that deceased died of cardio respiratory failure - PW3 a witness of extra judicial confession not reliable as fact of making extra judicial confession disclosed after three months - As per extra judicial confession appellant had gone to the house of deceased and tried to molest her and when she objected and..........
Indian Penal Code, 1860, Section 364, 376, 302 -- Rape and Murder - Death sentence - Accused enticed a 5 years old girl on the pretext of giving her balloon and committed rape on her - Later he inserted a stick in her vagina to murder her - Accused caught red handed in a naked state - Doctor opined that the death was caused due to shock and haemorrhage as a result of..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Appellant fired a short at the neck of PW2 from country made pistol on exhortation of other three accused - PW1 claimed to be eye witness - Trial Court acquitted all but High Court convicted appellant - Trial Court acquitted accused on ground that presence of PW1 was doubtful, who was chance witness who was..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Common intention - Accused, 14 in number duly armed came to the house of deceased in a group and started assaulting him - Accused were carrying pistols, gandasas, lathies and spears - In the circumstances highly impossible for the informant to pin point the exact overt acts committed by each accused individually -..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Common intention - Accused, 14 in number duly armed came to the house of deceased in a group and started assaulting him - Accused were carrying pistols, gandasas, lathies and spears - Autopsy surgeon opined that death took place 10 days before post mortem - Doctor may not pin point the exact time of death...........
