Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Incident happened in the house of deceased - Heavy burden is on shoulders of accused to explain under what circumstances deceased died - However, accused failed to offer any explanation in his statement recorded u/s 313 Cr.P.C - Accused and absconded accused were last seen in the..........
Indian Penal Code, 1860, Section 302 -- Murder - Hostile witness - Appreciation of evidence - As per prosecution, accused fired gunshot in presence of eye-witnesses - Eye-witnesses turned hostile and stated that accused persons present in Court did not fire at deceased - Accused were arrested from thickly populated areas but no independent witnesses was associated - More..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Evidence of police officials that after committing crime, accused came out and proclaimed that they have accomplished what they wanted - They were thus, apprehended - No motive for police officials to falsely implicate accused - Plea of alibi taken by A-2 not proved - Presence of both the accused at..........
Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Bifurcated hearing for conviction and sentencing is a necessary condition...........
Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Whether person is capable of reformation and rehabilitation should be taken into consideration while imposing death penalty...........
Indian Penal Code, 1860, Section 302, 307, 506(2), 450 -- Triple murder case - Death sentence - High Court while confirming death sentence failed to look at aggravating and mitigating circumstances of criminal - No evidence as to uncommon nature of offence or improbability of reformation or rehabilitation of accused - Fact that accused had no previous criminal record apart..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149, 435, 148 -- Delay in lodging FIR - Murder case - Delay of 2 and half hours in lodging FIR - PW1 seeing her own son being brutally attacked, effect of incident on the mind of mother cannot be measured - Being saddened by death of her son, it must have taken sometime for PW1 to come out of..........
Indian Penal Code, 1860, Section 302, 149, 435, 148 -- Murder - False implication - Overt acts described by eye witness in FIR substantially corroborated by medical evidence - Testimony of eye witness cannot be thrown on the ground of minor contradictions between oral and medical evidence - Evidence of eye witness is cogent and consistent - Plea of false implication taken..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused/SPO in uniform gave kick blows to deceased with his shoes when deceased was lying on the ground - Eye witnesses to the incident clearly demonstrates and proves the guilt of accused - Medical evidence also supports prosecution case - Entire occurrence took place not at the spur of moment -..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 11 -- Murder of wife by husband - Plea of alibi - There is overwhelming evidence of PWs which establishes the prosecution case that the accused was at the place of occurrence and ran away therefrom soon after the incident - Moreover, accused unable to explain why he failed to render assistance to his..........
