Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Assailant used knife and inflicted serious injuries on the body of deceased, including below the belly - Appellant thus, was liable to be attributed with knowledge that injuries which he was to inflict by using weapon in hand, would be sufficient to result into death in ordinary course - There was an..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To attract S.307 IPC, it is not necessary that hurt should be grievous or of any particular degree - If hurt of any nature is caused and it is proved that there was intention or knowledge to cause death, S.307 IPC would stand attracted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - If an offence like murder is committed inside a house, initial burden to establish the case would undoubtedly be on the prosecution - But nature and quantity of evidence to be led by it to establish the charge cannot be of same degree as is required in other cases - Burden..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Incriminating circumstances were not proved beyond reasonable doubt - They do not form a chain so complete from which it could be inferred with a degree of certainty that it is accused and no one else who within all human probability committed the crime - In such..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by burning - Accused made confessional statement before CJM that it was he who lit his wife with a help of lighter from her ankle - Said statement of accused is corroborated by evidence of PWs and not retracted by accused - Post mortem report also corroborates the fact that deceased suffered first..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Act of pouring kerosene over a person and then putting him on fire by lighting a match has all ingredients of doing an act with intention of causing death of a person in a gruesome manner - Conviction of accused for offence of murder appears justified - No reason to convert the same into any offence..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a), Evidence Act, 1872, Section 24 -- Kidnapping and murder - Circumstantial evidence - Extra judicial confession - There are contradictions about circumstances in which confession was made viz, number of people in whose presence it was made, degree of coercion/fear/intimidation..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 32 -- Murder - Non-recording of dying declaration - There is no evidence on record to indicate that deceased had achieved degree of stable health which was good enough for her to have given a dying declaration - In such circumstances, non-recording of dying declaration of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Determination of juvenility - Murder case - Death sentence awarded to accused - Certificate of Class X issued by Ucchatar Madhyamik Shiksha Mandal, Delhi - However, accused failed to produce any notification which recognized such certificate as equivalent degree of matriculation issued by CBSE or..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning - Doctor opined that because of right palm was not burnt and right arm was also not fully burnt, possibility of a suicidal death could not be ruled out completely - Mere fact that deceased suffered second and third degree burns over body cannot lead to a conclusive presumption by itself that accused had set..........
