Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - There are material omissions in the statements of eye witnesses of PW4 and PW5 which amount to contradiction - Both the witnesses neither reported the incident to Police nor took deceased to a hospital - Statement made by eyewitnesses that appellant inflicted two to three stab wounds on the back..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27(1) -- Murder - Common intention - Prosecution has failed to place on record any evidence to show that appellants had common intention with A-1 prior to A-1 shooting at the deceased resulting in her death - Conviction and sentence set aside - Appellants acquitted...........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Testimony of wife of deceased - PW3 being the wife of deceased, was the most natural witness, whose presence in the wee hours of night cannot be doubted and she in her statement has categorically stated that accused were not real assailants and some unknown persons had infact murdered her husband, who had concealed..........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Testimony of PW1 and PW2 - PW1 and PW2 are the real brother of deceased and first informant and sister in-law of deceased - There are material contradictions in their testimonies and therefore, they too cannot be said to be reliable witnesses as held by trial Court - Motive suggested for commission of crime also do..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Death by burning - Victim died in a tragic manner - Merely because it has been shown that there were serious matrimonial disputes between deceased and accused, it cannot be said that it was accused who had set fire to his wife - Presence of accused at occurrence spot at the relevant time is highly..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 307 -- Bail - Murder - Applicant has been languishing in jail for approximately 7 years and 9 months, with trial having remained stagnant since 25.10.2019 - Keeping applicant in custody under these circumstances, when there is no realistic possibility of trial being concluded in..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye-witnesses stated that there were three accused - However, no explanation given as to why in the FIR only the name of respondent/accused figures - Having regard to the unnatural conduct of all the three eyewitnesses and also having regard to the fact that FIR came to be lodged almost after a period of 14 hours renders the..........
