Indian Penal Code, 1860, Section 302 -- Recovery of dead bodies at the instance of accused - No other evidence to connect accused with alleged crime - Conviction cannot be sustained...........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Accused severed head of deceased from body and took it away - Enmity between parties - PW4 and another witness claimed to be eye witness - Presence of PW4 was natural and no reason to disbelieve him and his evidence stood corroborated by medical evidence - Minor defects and discrepancies not a ground to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused No.2 caught hold of hands of deceased from behind and appellant caught hold of neck of deceased - Accused No.1 stabbed deceased - PW1 mother of deceased an eye witness - Motive was refusal by deceased to offer a bottle of beer - Parties belonged to lower strata of society - Such a motive could not be held to be..........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Appellant in company with deceased for a considerable time immediately prior to her death - He was seen by PWs. 3 and 4 in between 4.00 and 4.30 p.m. and deceased was found dead at about 4.30 or 4.45 p.m. - No reason why prosecution witnesses would falsely implicate appellant or why they would identify a..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Recorded by PW1 an Administrative officer - Extra judicial confession true as same corroborated by recovery of blood stained clothes and weapon of offence - PW2 and PW4 fully corroborated extra judicial confession - No manner of doubt that accused was assailant as..........
Indian Penal Code, 1860, Section 302 -- Murder - Plea of grave and sudden provocation - Wife not abiding direction of husband and not returning home - Accused picked up Baditha from shop of carpenter and assaulted deceased inside the house of PW2 - Accused had reasonable time to go to carpenter's shop for picking up Baditha and dealt the deceased with Baditha - Not a grave..........
Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Caste enmity - PW1 and deceased going on scooter - Attacked by nine accused - Conviction on sole testimony of PW1 - PW1 had only a momentary glimpse of assailants before engine of his scooter stopped - PW1 named only four accused armed with Chhuri, Kulhari and Gupti and in FIR also he assigned specific roles to those..........
Constitution of India, 1950, Article 72, 161, Indian Penal Code, 1860, Section 302, 3041, 109 -- Power to grant pardon - Judicial review - Murder trial - Writ petition challenging order passed by Government of Andhra Pradesh - Supreme Court altered the conviction of R2 from one under Section 302 IPC to Section 304(1) - On request by wife of R2, he was granted remission of..........
Constitution of India, 1950, Article 72, 161, Indian Penal Code, 1860, Section 302, 3041, 109 -- Power to grant pardon - Judicial review - Murder trial - Writ petition challenging order passed by Government of Andhra Pradesh - Supreme Court altered the conviction of R2 from one under Section 302 IPC to Section 304(1) - On request by wife of R2, he was granted remission of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 447, 323, 307, 302 -- Bail - Offence under Sections 147, 148, 447, 323, 307 and 302 IPC - Bail application opposed by complainant on ground that one of accused petitioner instigated other co-accused to kill deceased and other injured persons of complainant party and another accused..........
