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..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Altercation between accused and deceased was a result of a sudden and unpremeditated fight that took place - On seeing deceased inappropriately touching his sister, A-2 lost his temper and in a fit of anger, caught hold of him and assaulted deceased with the help of other accused which resulted in..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused under influence of liquor went to house of his i, laws and quarreled with them - Deceased being a neigbourer intervened while accused was quarreling with his i, laws - Accused inflicted injuries to deceased which resulted in his death - Incident occurred on the spur of moment, without any..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused assaulted his wife/deceased under the pretext that she was afflicted by evil spirits - Assault was so brutal that deceased was killed on the spot - Accused as well as maternal family members of deceased are totally rustic, illiterate villagers and all of them misunderstood the symptoms of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302 -- Recall of Doctor/PW5 for further cross-examination - Murder case - Objection raised by accused regarding interpolation in medical record - Statement of PW5 was recorded by way of video conferencing and in such event, putting specific question about interpolation in post mortem report by..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased was having liquor with PW2, PW7, PW16 day before the incident at late night - However, said witnesses have not deposed anything against accused involving them in crime - Even wife and father of deceased also not levelled any allegation against accused - Nobody has seen deceased in the..........
Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Murder - Appeal against acquittal - Deceased and accused party were at daggers drawn and they had an enmity with each other - Extra judicial confession of co-accused against accused cannot be read against him, as being of very little evidentiary value - Though blood samples of accused were taken for DNA profiling but..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Most of PWs turned hostile and statement of witnesses produced suffer from serious material contradictions - Important and relevant witnesses not produced by prosecution - Even, memo of arrest of accused not produced - Prosecution failed to complete chain of events leaving any reasonable..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Presence of complainant and PW2 at the place of occurrence is doubtful - Except evidence of said witnesses, no evidence relied upon by prosecution to strengthen its case - Rather version of defence as seen from evidence that complainant and accused person are related to each other and there was continuous enmity between..........
Indian Penal Code, 1860, Section 302, 365, 201, 34, Evidence Act, 1872, Section 3 -- Kidnapping and murder - Appreciation of evidence - There is direct evidence in the form of ocular testimonies which establish that present accused and others had kidnapped and had held their captivity - Further, there was no time gap or interregnum between disappearance and kidnapping -..........
