Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of A-1 and A-2 at the time of incident established and proved beyond doubt - Role attributed to them also proved and established by prosecution by leading cogent evidence - Testimony of eye witnesses fully supports prosecution case - Defence propounded by these accused rightly discarded by Courts below..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Role of A-5, A-6 and A-7 in commission of crime - Prosecution failed to prove beyond doubt that A-5 fired from his firearm, which missed as alleged - No evidence on record in the form of recovery of weapon or even missed bullet - A-5 thus, entitled to be acquitted on ground of benefit of doubt - So far as A-6 and..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Appeal against conviction - A-4 has not preferred any appeal against his conviction - However, since his case is similar to A-5, A-6 and A-7, by taking suo moto cognizance, A-4 is also entitled to acquittal on ground of benefit of doubt - A-4 acquitted...........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - High Court only with narration of facts dismissed appeal without examining evidence of each prosecution witnesses on issue arising in appeal - Neither any reference to any evidence nor its appreciation or finding is made in the impugned order - Order passed by High Court set aside - Matter..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - During course of exchange of galata or quarrel between deceased and accused, accused took out a chopper and assaulted deceased - Considering the length, width and depth of the injury, accused might have knowledge that deceased may die due to such injuries, but he might not have any intention to cause..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 309 -- Extra-judicial confession - Murder of wife by husband - Accused and deceased living together - Immediately after the incident, accused rushed to PW2 and informed about the incident to her, thinking that she is the only relative residing near the house of accused - Extra judicial confession..........
Indian Penal Code, 1860, Section 302, 309 -- Murder of wife by husband - Medical evidence - Death occurred due to throttling as opined by Doctor - Whenever, throttling is established breakage of hyoid Bone always depends upon pressure factor on neck - Mere absence of fracture of Hyoid Bone, cannot be a ground to conclude that death was not a homicidal death...........
Indian Penal Code, 1860, Section 302, 309, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Accused and deceased living together at the relevant time in their house - Some quarrel between accused and deceased was occurred prior to incident - Dead body of deceased found on the said house - No explanation given by accused as to how incident had happened in the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120B, 149 -- Bail - Offence u/ss 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120-B, 149 IPC - As per prosecution, specific overtacts are attributed to each of the accused - Even, it seems that each injured..........
Indian Penal Code, 1860, Section 304B, 302, Evidence Act, 1872, Section 106 -- Dowry death - Death by burning - Plea of accidental fire - Accused and deceased were alone in the shop at the time of incidence - According to site plan no fire crackers were found in the shop - Prosecution proved that accused gave danda blow on the head of deceased and thereafter put her on..........
