Indian Penal Code, 1860, Section 302 -- Murder - Sole testimony of PW1 - Deceased was sleeping with her two sisters including PW2 in a room, but PW2 had not seen person who caused homicidal death of deceased in the night - Testimony of PW1 not corroborated by PW2 - Unusual conduct of PW1 in not asking anybody available inside room, leaves enough room to suspect his motive..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - Contradiction between medical evidence and ocular testimony of sole eye witness - Prosecution failed to provide any corroboration from any other source - Sole eye witness is not reliable - In such circumstances, absence of motive creates a dent - Accused has not attempted to maintain secrecy,..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Complainant stated that accused was having relations with wife of deceased, due to which accused committed murder of deceased - However, said allegation is not reflected in FIR, rather it was the case of complainant that some unknown person had committed..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - PW9, witness of last seen evidence not supported prosecution case - PW8, other witness had not categorically deposed that accused and deceased had left together towards any particular direction - Statement of PW8 fails to establish circumstance of last seen of deceased in..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW15, wife of deceased stated that accused told her that he murdered deceased - However, said fact is not incorporated in FIR - Statement of PW15 thus, rendered doubtful with regard to involvement of accused in crime - Postmortem report of deceased shows that deceased had suffered incised wound..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Recovery of blood stained stone - Allegation that accused got blood stained stone with which he allegedly hit child recovered in furtherance of information provided by him to I.O - No other evidence on record to connect accused with the alleged crime - Stone admittedly recovered from an open plot accessible to all and..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 1(2) -- Constitution of India, Sch.6, Paras 4, 5, United Khasi Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953, R.9 - Murder - Jurisdiction of District Council Court - Accused and deceased belonging to Khasi Scheduled Tribe - As per notification offences punishable with..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel and altercation took place between accused and deceased on the issue of accused assaulting his minor children - Weapon used by accused was a natural agricultural apparatus - It is difficult to attribute any pre-meditation or intention to cause death of deceased - Accused assaulted deceased by..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death due to strangulation - Accused and deceased had a quarrel on fateful day over domestic issue - Thereafter accused slapped and manually strangulated his wife to death - Intention of accused to commit murder of deceased is there - Accused is liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation on mother-in-law - Motive attributed to A-2 in FIR arising out of her alleged immoral conduct is not proved at all - Although, it may be possible that A2 was present at the place of occurrence as her alibi does not inspire confidence, her culpability in factual matrix of case, appears to be tenuous as deceased..........
