Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25, 27 -- Murder - Gunshot injury - Recovery of single barrel gun with cartridge from house of `L', licence holder - Report of forensic lab only shows that such gun was used in commission of crime, but prosecution failed to establish which of accused had actually used gun - Gun recovered on disclosure..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prosecution failed to prove role of accused in causing death of deceased - Entire prosecution case based upon telephone call made by accused `S', but no call details produced to verify correctness of telephone call - Motive of crime not proved - In absence of any evidence led by prosecution as to who fired fatal shot,..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Accused and deceased were staying inside the room and on the night of occurrence, brother of accused saw accused dealing axe blows - Plea of absence of light in the room is discarded where the eye witness is brother of accused and accused failed to explain as to what happened inside the room where both of..........
Indian Penal Code, 1860, Section 302, 307 -- Double murder - Evidence of two injured eye witnesses - Plea of insanity taken by defence not proved with preponderance of probability as per illustration u/s 105 of Evidence Act - No such circumstances are shown - Death of two deceased are proved by doctor to be homicidal in nature and M.O.I corroborates the same - Injuries on..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred due to sudden quarrel between parties and in heat of passion accused dealt a single blow which turned fatal - No animosity between accused son and deceased mother - Incident had genesis of quarreling between accused and his wife for which it could be said that there was no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 365, 285, 148, 149, 452, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner does not want to continue with petition after arguing for some time - Bail application dismissed as withdrawn - However, since the petitioner is in custody since June 2018 and only one PW out of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Death of deceased was due to head injuries sustained by her - Dead body of deceased recovered from tea estate near to house of accused, where both accused and deceased used to work - Recovery of dead body of deceased was not on any confessional statement of accused but purely on suspicion -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused last seen in company of victim girl - Girl was murdered shortly after she went with accused and accused offered no explanation to such adverse factors - Chain of circumstantial evidence is complete and unerringly point to involvement of accused in causing death of victim girl to exclusion of..........
Indian Penal Code, 1860, Section 302 -- Murder of 6 year old girl - Death penalty - Mitigating circumstances - At the time of incident, accused was a young man aged about 25 years and had an old mother to support - Neither accused has criminal record nor he is habitual criminal - Therefore, while substituting death penalty accused sentenced to life imprisonment with a..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
