Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Argument between deceased and accused accompanied by pushing and pulling on record as per evidence of PW16 and PW19 - Injuries sustained by deceased as reflected in autopsy report and statements of PW16 & PW19 establish that accused had taken undue advantage and acted in a cruel manner by inflicting..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Reduction of sentence - Accused voluntarily went to house of deceased, created a flutter by quarrelling with PW2, when this was questioned A-2 stabbed PW1 and when deceased intervened, accused caused his death - They are not in a position to show that murder had taken place out of sudden..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Incident occurred in public place in broad day light in front of house of deceased - There are 7 eye witnesses to incident - Thus, there is every possibility of news reaching police over telephone - Presence of photographer in place of occurrence before registration of FIR, will not vitiate..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Weapon of offence - Weapon used in commission of offence was not properly described - In FIR it has been stated as Iron rod and in Accident register it is stated as sharp iron rod - However, PWs who witnessed occurrence stated that weapon used in crime is knife - This ocular testimony totally..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Non-examination of officer of mobile company cannot be said to be fatal to prosecution case, particularly when CDR was exhibited, through deposition of I.O and no objection was raised on behalf of..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Prior enmity between accused and father of children - Deceased were seen going with accused in school uniform with their school bags and after the incident accused was not found in his house and..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Last seen evidence - PW8 stated that accused was last seen together with deceased - He recognized accused in Court and he knew complainant and his three children - PW8, thoroughly cross-examined by defence and nothing shown to make out any case which may..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 27 -- Kidnapping and murder of three minor children - Circumstantial evidence - Disclosure statement - Recovery of dead bodies at the instance of accused - Recovery of dead bodies along with school bags and dress at the instance of accused - Dead bodies were recovered from the places shown by accused..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 154 -- Kidnapping and murder of three minor children - Circumstantial evidence - Hostile witness - Accused was found in the house of PW13 - However, PW13 turned hostile - But in cross-examination PW13 specifically stated that accused told him that children of complainant had gone missing and complainant..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Death sentence - Offence committed in extreme mental or emotional disturbance, due to elopement of wife of accused with uncle of children - Only aggravating circumstance against accused is that incident took place in brutal manner - At the time of occurrence, accused 28 years of..........
