Criminal trial -- Gunshot cases - Gunshot cases wherein nature of death (suicidal, accidental or homicidal) is not ascertainable from direct evidence, multiple factors are taken into account for arriving at a conclusion - Such factors include, but are not limited to, point of entrance, size of wound, direction of wound, position of wound, possible distance of gunshot,..........
Indian Penal Code, 1860, Section 498A, 324, 355, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against husband - Allegation of throwing chilli powder and assault on wife by husband and other in-laws is not only supported by wound certificate which discloses simple injury but also statement of neighbour - It cannot be..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of 12 bore country made pistol from appellant `A' - No bullet was recovered from body of deceased though there is no evidence of any exit wound - Further, doctor candidly admitted to the effect that what was initially stated by him to be a gunshot wound was actually caused by a stabbing weapon - In consequence,..........
Indian Penal Code, 1860, Section 302 -- Murder - Death caused by a single stab wound can also be considered murder if requirements of S.300, IPC are fulfilled...........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Delay in filing the complaint has not been explained by prosecution - Doctor has opined that injuries are simple in nature - Name of accused is not shown in the wound certificate - If really the accused assaulted PW1 with his hands, as alleged by prosecution, he would have disclosed the name of accused before..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Incident occurred between two family members - There are discrepancies and inconsistencies in the evidence of PWs - However, crux of prosecution case is unshaken and undeniable in view of evidence of injured witness being corroborated by medical evidence - Injury was received on the vital part of body of..........
Indian Penal Code, 1860, Section 307, 326, 341, 506B -- Attempt to murder - Kind of weapon used in the offence i.e small scissors will not fall within S.307 IPC - There is no pre-planned act as per fight on record - PW6, PW7 and PW8 were declared hostile - As per injury report there was a scratch below neck, incised wound on left thigh and a small cut below ribs - Offence..........
Indian Penal Code, 1860, Section 302, 304(Part I), 304(Part II) -- Nature of offence - Accused gave several blows/multiple blows on the vital part of body/head which resulted into grievous injuries and he used Phakadiyat with such a force which resulted in skull fracture and a frontal wound on left side and wounds with 34 stitches on the left side of the skull extended..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused called the unsuspecting deceased out of his house on fateful afternoon and inflicted stab blow by knife on his chest - Accused was carrying a weapon with him thus, incident was apparently perpetrated in a well planned manner with full premeditation - Intention of accused while inflicting..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Offence u/s 3(2)(vi) - Quashing of final report - Allegation that petitioner being a medical Doctor had created false documents and wound certificates of accused Nos.3 and 4 - However, prosecution has no materials to show that petitioner could be imputed with knowledge or..........
