Indian Penal Code, 1860, Section 302 -- Murder - Motive - Evidence on record shows that there was some misunderstanding between deceased and accused at one point of time, however, same does not establish the motive for committing the murder of deceased by accused - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Court straightaway administered oath to minor witness without recording satisfaction that minor was competent to depose - This raises a question mark on his testimony especially when a minor witness can be easily tutored - Moreover, contradictions were found in testimony of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Indian Penal Code, 1860, Section 302 -- Murder of four members of family - Testimony of PW3 - PW3 stated that deceased `A' told PW1 in hospital that accused and co-accused poured kerosene oil and set her and her daughters on fire - In the cross-examination, PW3 admitted that he gave a statement to I.O. according to whatever PW1 told him - When he was confronted with his..........
Indian Penal Code, 1860, Section 302 -- Murder of four members of family - Non-explanation of injuries suffered by co-accused - Accused and co-accused were standing outside the room and were not allowing anybody to enter the room after pouring kerosene oil on victims - However, co-accused is himself a victim of fire - There is no explanation offered by prosecution as to..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Fire arm shot - Report of ballistic expert - Where evidence of eye witnesses is contradictory to prosecution case, conviction cannot be made solely on basis of report of ballistic expert pertaining to recovery of weapon from accused or as regards its use, in the absence of any other substantive..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness/PW1 not supported by medical evidence - There is material discrepancies between ocular evidence of PW1 and injuries found in postmortem report - Appellants allegedly assaulted deceased with Laathi, which is hard and blunt object but injuries found on dead body during postmortem have been found..........
Indian Penal Code, 1860, Section 302, 376, 201 -- Offence u/ss 302, 376, 201 IPC - Conviction - The circumstances so established should be of a conclusive nature and consistent only with the hypothesis of the guilt of the accused - Those circumstances should not be capable of being explained by any other hypothesis except the guilt of the accused and the chain of the..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - No evidence on record to show that husband was available on the night when death occurred - Husband had a plausible explanation that he was on duty when death of his wife occurred - It was husband who first intimated police about sudden and unnatural death of his wife - Relatives of deceased having come to..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of witnesses - Presence of eye witness at the spot is wholly impractical, conduct inconsistent and against the normal human behaviour - Last seen witness had known the deceased earlier, however, he had given his statement to Police u/s 161 Cr.P.C after 17 days of incident - This again casts doubt upon veracity of..........
