Indian Penal Code, 1860, Section 304(Part II), 328 -- Offence u/ss 304(Part II), 328 IPC - Injured and deceased had taken Tari given by accused which was poisoned leading to hospitalization of five injured and death of deceased - Doctor's report and post mortem report proved that cause of death of accused beyond all reasonable doubt - Even if accused had apparently no..........
Indian Penal Code, 1860, Section 302, 379, 392 -- Murder - Robbery - Circumstantial evidence - Dead body of deceased found in cattle shed with grievous head injuries and also injuries on his mouth with few teeth broken - Stone with which head of deceased was crushed was not sent for fingerprint expert's opinion so as to ascertain whether stone had any finger print of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Eye witnesses stated that when accused was chasing deceased, he was unarmed and it is only after deceased had fallen down, that accused picked up a stone lying nearby and gave a blow thereof to deceased - Cause of death was opined as shock due to internal bleeding - Accused has no intention to cause..........
Indian Penal Code, 1860, Section 302, 307 -- Double murder case - Testimony of eye witnesses - PW12 himself received injuries in the incident - He truthfully accepted his role in the incident stating that in self defence he fired gunshots which shot two assailants leading to their death - Prosecution thoroughly explained the injuries received by persons from the side of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dowry death - Proposed accused are devar and father-in-law of deceased - On the date of occasion they had not visited the place of occurrence - No specific allegations of involvement in alleged crime is imputed against them - Application rightly rejected...........
Indian Penal Code, 1860, Section 304B -- Dropping of charge u/s 304-B IPC - Death of deceased took place after more than seven years of her marriage with accused - Trial Court rightly dropped the charge u/s 304-B IPC...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 504 -- Benefit of probation - Offence u/ss 323, 504 IPC - Offences for which accused were convicted, do not entail the punishment of death or life imprisonment - Benefit of probation thus, can be given to accused taking into account the nature of offences - Moreover, accused have no criminal..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Cruelty - Deceased died within seven years of marriage - Evidence of PWs do not support prosecution case that deceased was subjected to any cruelty by accused or that deceased was harassed by accused for color TV - Circumstances of case are not sufficient to connect accused with alleged offence - Prosecution..........
Indian Penal Code, 1860, Section 302, 324 -- Murder of wife by husband - Mother of deceased/PW1 stated that accused stabbed the deceased with knife and caused death of deceased and also caused injuries to her - Evidence of independent witnesses also clinchingly corroborates medical evidence spoken by PW12 - All the material PWs identified the accused in Test Identification..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driving vehicle speedily and resulting in death of three persons and injuries to witnesses - Though accused raised multiple defences and all the witnesses denied the fact that accident occurred due to some mechanical defect in vehicle or due to sudden bursting of a tyre or coming up..........
