Indian Penal Code, 1860, Section 302 -- Murder - Firearm injury - Testimony of sole eye witness/PW2 - Three eye witnesses examined by prosecution but two of them declared hostile having not supported prosecution case - PW2 along with PW1 and deceased was in the field for watching it in night - Their presence is not disputed by defence - When deceased intercepted accused in..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Firearm injury - Plea of alibi - Accused examined DW1, who was his so, i, law, was working along with accused and DW2 (Co-labourer) at the time of occurrence - Distance between villages i.e where incident took place and where accused allegedly working was only 3 kms., as such accused could..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of his wife/accused `M' - Recovery of dead body of deceased effected in pursuance of disclosure statement made by accused `R' which was concealed in a house where she was allegedly living with other accused along with deceased and her two..........
Indian Penal Code, 1860, Section 302 -- Murder - Mere fact that no DNA test was conducted to identify dead body, it cannot be stated that dead body was not of deceased, particularly when dead body was recovered on the statement of accused `R'/wife of deceased who stated in disclosure statement that dead body of her husband is concealed under wooden planks in a room which..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of person who translated FIR from Bengali to Nepali Version - FIR was only in respect of information of death - I.O carried investigation de hors version given by informant in FIR - Non-examination of said person does not create any doubt on prosecution case...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Lock of house in which dead body of deceased was found was opened by police for the first time after accused `R' locked house and went to his native village - In absence of any question on these aspects that house was in his possession and no one had access to that house,..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Occurrence took place in the spur of moment, while both accused and deceased were under influence of liquor - There was quarrel between them and it was deceased who gave two slap blows to accused - Accused pushed deceased on the ground and dashed a stone on his head, which led to death of deceased -..........
Indian Penal Code, 1860, Section 302, 324, 149, 506, 342, 148, Evidence Act, 1872, Section 3, 8 -- Murder - Appreciation of evidence - Oral testimony of material witnesses corroborated by medical evidence - Even, motive of taking life of deceased made out from the incident which happened on earlier date - Findings recorded by Courts below is plausible - Conviction upheld...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused as well as complainant were present in engagement ceremony - With a view to celebrate, shots were fired in air, which unfortunately hit deceased and as a result of which he died - Accused `C' had no intention to commit murder as prosecution failed to establish on record any motive with..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Circumstantial evidence - Accused had knowledge that in case the injuries are inflicted on person it may cause the death, even though injuries were simple in nature and not given by sharp edged weapon - However, cause of death as per doctor`s opinion was shock and haemorrhage due to injuries which..........
