Indian Penal Code, 1860, Section 302, 323, 34 -- Gun shot injury - Post mortem report as to nine injuries other than the gun shot injury - Eight of injuries were incised wound of large size while one was stab wound - No evidence qua the person who inflicted these injuries and by what weapon - No reason for non production of the eye witness of the incident - One of the eye..........
Medical and Occular Evidence -- Time of death - Post mortem took place at 4.30 p.m. on 20th April - Duration after death reported by doctor to be about one day old - Medical opinion that incident might have happened at 4.30 p.m. on 19th April or at the most upto six hours thereafter - Prosecution story that incident took place on 20th April at 7.30 a.m. - Duration of time..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased was murdered after being chased by some of the accused persons - According to PW4, other accused persons were not present on spot of incident and they did not participate in the act - He saw only two main accused persons stabbing deceased 15-20 times - Testimony of PW4 corroborated by..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Offence u/ss 279, 337 & 304-A - No question was asked from accused regarding post-mortem report or injury report which was exhibited - Formalities of S.313 Cr.P.C were not duly observed - First Appellate Court rightly remanded the matter to trial Court...........
Indian Penal Code, 1860, Section 300 -- Murder - Post-mortem report - Absence of - Effect - Held, it is settled that in each and every case it is not necessary to send dead body for post mortem but at same time it cannot be ignored that in absence of evidence of doctor who had done autopsy as well as absence of post mortem report, cause of death cannot be ascertained in..........
Indian Penal Code, 1860, Section 304B, 498 -- Death whether due to poisoning - Post-mortem report, Central Forensic Science Laboratory's report as also the inquest report that death was due to heart attack and not due to poisoning - Merely because body of deceased turned blue is not a sufficient basis to infer that deceased had been poisoned to death...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Offence u/ss 304-B, 316 and 498-A IPC - No specific allegation against petitioner regarding her having harassed or humiliated deceased on account of bringing less dowry soon before her death - No allegation that petitioner set deceased on fire - As per post-mortem report, deceased has received dry flame burns..........
Criminal Procedure Code, 1973, Section 482 -- Investigation by CBI or SIT - Incident occurred 32 years back - Petitioner got copy of post mortem report of her deceased husband under RTI - Same reveals that her husband died of as many as 39 ante mortem injuries - Earlier writ filed by petitioner on similar set of facts and cause of action was dismissed by High Court way..........
Indian Penal Code, 1860, Section 302, 34, 157(1) - - Murder - Conviction - Sustainability - Copy of FIR was not sent to Illaqa Magistrate at all - No explanation has been brought on record for said lapse - Firstly the FIR was lodged in regard to assault given by tabbal but when post-mortem report came and no injury of tabbal was found version was changed and story of..........
Indian Penal Code, 1860, Section 498A, 306 -- Police lapses in investigation - Director General Police directed to get the matter investigated/inquired and promptly take appropriate action in accordance with law - Action taken report be submitted to High Court within six months - Accused acquitted - Strained relations between husband and wife - Accused used to cause..........
