Indian Penal Code, 1860, Section 302, 397 -- Murder - Seizure of blood stained clothes of appellant which contained blood of same group as was found on clothes, sandal and watch of deceased would raise a grave suspicion against appellant - But said evidence by itself cannot establish that appellant is the person who committed murder of deceased - Credibility and..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death occurred 15 days after the incident - Neither cause of death mentioned in post-mortem report nor evidence of PW17 prove that injuries inflicted upon deceased resulted in his death - Medical evidence creates a serious doubt as to whether injuries allegedly inflicted by respondents caused death..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that all appellants had beaten deceased with axes and sticks, after sprinkling chilli powder in the eyes of deceased - However, during postmortem examination, only four injuries were found, and Doctor did not find any chilli powder on the body or in the eyes of deceased - Scene of offence panchanama also does not..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 8 -- Murder of two children by father - Motive - Accused used to harass his wife both physically and mentally by suspecting her fidelity and by proclaiming that deceased were not born to him - Evidence of PWs 5 to 7 clinchingly establish motive of accused to kill both children - Motive proved -..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106 -- Murder of two children by father - Deceased met with homicidal death in the house of accused, it is thus for accused to explain as to how they met with homicidal death in his house as per S.106 of Evidence Act - However, accused failed to explain such facts - Presence of accused at the relevant..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1), Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Once dying declaration made by deceased is proved, the fact that ballistic expert could not give a definite opinion on the question of whether cartridge recovered from the body of deceased was fired by revolver recovered at the..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - A-2 and A-3 were present and were accompanying A-1, when A-1 shot the deceased - Accused were known to deceased for quite some time - Since deceased knew three accused persons, it is not possible to accept the contention that deceased may not have recognized them - Moreover, it..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Last seen evidence - Burden of proof - Appellant was last seen dragging deceased to his house - In view of S.106 of Evidence Act, burden is on appellant to prove as to how incident occurred at his residence - However, he has miserably failed to discharge the onus - Conduct of appellant..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning by pouring kerosene oil - Absence of smell of kerosene in the body of deceased - Deceased was immediately brought to hospital barely within a few hours of incident and if kerosene was involved then smell of kerosene ought to have been there - Even doctor who examined deceased immediately after the incident,..........
