Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder of six persons out of seven family members - Recovery of cash and ornaments from house of accused - Recovery effected at the instance of accused which was identified by PW5 - Merely because earlier there might have been search at the house of accused and nothing was found at that time, cannot be..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Recovery of sleeping tablets from car of accused - Accused gave pills to deceased and thereafter killed them - However, no poison was detected in contents sent to chemical examiner - Non-detection of poison in contents would not be fatal to prosecution case, as where pills are given..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Testimony of eye witness - PW5 was also thrown into canal by accused along with deceased persons - However, PW5 survived and came out of canal with the help of an iron bar in canal - Accused was last seen together with three deceased persons and thereafter they were not seen alive..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Death sentence - Accused killed six innocent persons out of which two were minors in a preplanned manner - He meticulously planned the time - Only one person of family i.e PW5 could survive - Accused kidnapped first three persons by way of deception and took them to canal and after..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of five accused in attack is proved on record - Acquittal of accused u/s 147 IPC though irregular, will not vitiate conviction u/ss 302, 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Son of deceased informed police/PW1 about the attack upon his father - Compliant was given by deceased to Sub-Inspector of Police in which names and overt acts of attacker clearly set out - Motive of occurrence also narrated - Immediately thereafter, deceased told..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Child witness - Credibility - Accused/wife alongwith her lover killed her husband with axe and hammer - Only eye-witness was his minor daughter - Evidence of child witness found to be doubtful and contradictory - Her evidence not corroborated by medical evidence - Recovered articles not..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Minor contradiction with regard to place of occurrence does not affect the core of prosecution case, because what was primarily required to be established by prosecution was not place of occurrence, but offence u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim was hit twice on his head with bat and thereafter was pushed down the danga - Version put forthwith by victim was duly corroborated by his wife, who deposed on similar lines as those of victim - Injuries sustained by victim duly proved on record by doctor/PW4, who opined that injuries were sufficient to..........
Indian Penal Code, 1860, Section 302 -- Murder - Prior enmity between parties due to pendency of eviction suit and criminal case - Accused caused firearm injuries to deceased, resulting his instantaneous death - Incident witnessed by PW1, who duly supported prosecution case - Merely because PW1 is a interested/relative witness, his evidence cannot be disbelieved which was..........
