Indian Penal Code, 1860, Section 302, 34 -- Murder of wife - Allegation against parents of husband - Presence of accused at the spot is not established or even alleged by any of PWs - A charge cannot be framed solely on a presumption that their presence is neither confirmed nor ruled out - For framing a charge, grave suspicion is required to be shown by prosecution of..........
Indian Penal Code, 1860, Section 302, 452, 114, 504 -- Murder - Death by burning - Deceased in her earlier dying declaration attributed overt act only to co-accused and she not stated anything about accused - Son of deceased PW12 though attributed bringing of kerosene can to accused but the same is not corroborated by other evidence - Prosecution not examined other son of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder of husband by wife - Allegation of murder is subject to scrutiny of prosecution evidence on record and under trial detention should not be used as conviction before trial - Moreover, only official witnesses are to be examined and accused may not be in a position to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between two groups of people over digging of earth and incident of assault started - Incident occurred in a fit of anger on sudden provocation due to intervention of deceased during quarrel - Nothing on record to show that there was any such enmity between accused and deceased - No evidence..........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 302, 379, 447 -- CCTV footage - Absence of certificate u/s 65-B of Evidence Act - Murder and theft case - Accused allegedly came to Finance company and wanted a jewel loan - However, gold chain brought by accused was imitated one - Both PW8 and PW9 employees of company have stated that police brought accused..........
Indian Penal Code, 1860, Section 302, 379, 447 -- Murder and theft - CCTV footage - Accused proved to be person who came to Finance company to pledge imitation chain belonging to deceased - Defence of accused was that he did not come to said company - This is a very powerful incriminating circumstance against accused...........
Indian Penal Code, 1860, Section 302, 379, 447, Evidence Act, 1872, Section 24 -- Murder and theft - Extra judicial confession - Accused not challenged the voluntariness of confession - Fact stated by accused find corroboration from independent sources - Extra judicial confession made by accused to PW14 held, proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Altercation took place between A-1 and informant - Deceased being brother of informant intervened in the matter due to which A-1 and A-2 immediately returned from spot on a motorcycle and came back after 10 minutes armed with deadly weapon - Thereafter, A-2 held neck of deceased when A-1 stabbed him..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Identification of accused - Accused were Marathi speaking - However, PW8 stated that culprits had spoken with him in Hindi - Therefore, if accused were to speak with victims they would have spoken in Marathi and not in Hindi - There is..........
