Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession made by accused before PW4 - Post mortem report suggests that death of deceased was not suicidal as alleged by accused, but rather she was hanged after she had lost consciousness - Factum of commission of death by hanging corroborated by Panhchayatnama which notes that deceased was hanging from roof..........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Accused committed the act on spur of moment in a petty quarrel with his wife/deceased - He did not have requisite mens rea to commit offence of murder - Motive of crime not proved on record - But as he is a grown up man, he knew his actions of pressing neck would cause such bodily injury which may lead to death of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - All the four PWs of extra judicial confession are at a wide variance with each other - Further contradictions between two police officers who themselves are not in agreement with each other as to where they have seen accused standing holding axe - Accused cannot be..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Greater burden lies in the shoulder of prosecution to prove its case in a case of circumstantial evidence...........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Mother of deceased stated that it was accused who came to her house and took away her son/deceased - Three last seen witnesses have seen the body of deceased being carried by accused - Accused arrested on next date and co-accused absconding - Post mortem report shows that deceased was..........
Indian Penal Code, 1860, Section 302, 201, 511, 120B, 34 -- Murder - CCTV footage - Merely because accused seen going in and out of place where body of deceased was found, does not ipso facto point to their involvement in crime - This evidence is not sufficient to overturn the finding of acquittal because it does not conclusively establish that accused were involved in the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Double murder - Circumstantial evidence - Medical and scientific evidence clearly demonstrates that accused used axe for inflicting injuries on deceased persons - Even, recovery of bag containing clothes and mobile of accused is proved by accused himself in his statement u/s 313 Cr.P.C. - Moreover,..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Political enmity between parties - Accused was suddenly confronted with victims and in fight ensued in which injuries came to be inflicted upon deceased and other victims - Incident occurred due to sudden fight without any premeditation - Cause of death of deceased is knife blow on chest of deceased -..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Unlawful assembly - Inconsistencies found in testimonies of PWs regarding role of accused in commission of crime - Involvement of accused as a member of unlawful assembly is doubtful - FIR lodged after delay of 4 days - Accused roped in the crime, due to inimical relationship between parties which clearly emanates..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Abduction and murder - Separate and distinct offence - Time and place of occurrence of two incidents are different - Number of accused involved in incidents is different - Even, there is no continuity of action gathered from sequence of events - Moreover, it is evident that unity of purpose and design between two offences..........
