Indian Penal Code, 1860, Section 302, 376(2)(f), 342 -- Murder and rape - Death sentence - Circumstantial evidence - Eleven incriminating circumstances were proved on record against accused, which includes circumstance of last seen - Conduct of accused is gone into by Court when mother of deceased went to his house to enquire about her daughter and accused stated that he..........
Indian Penal Code, 1860, Section 302 -- Murder of husband by wife - Circumstantial evidence - Deceased allegedly assaulted by accused with knife - However, post mortem report shows multiples injuries on the body of deceased not caused by one person and tells entirely different story - More so, accused being woman could not make such severe and repeated assault on deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased left cinema hall together - PW2, gate keeper of Cinema knew both of them - Evidence of PW2 corroborates evidence of father and wife of deceased to the effect that deceased had gone to see a movie before occurrence of incident and that both were seen together..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of PW4, blacksmith - PW4 is well acquainted with accused and deceased - He identified spear which was seized by police as one which accused had got sharpened from him, which means that accused had made prior preparation with an intent to commit murder - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of father and wife of deceased who are natural witnesses of scene of offence is reliable - Post mortem report of deceased fully corroborated the ocular testimony of these PWs - Incident occurred just outside the house of deceased - One chappal of accused was recovered from the spot -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred when deceased aimed a rifle at accused and due to altercation between them, accused used his gun to fire at deceased - Fire by accused is due to threat perception created by deceased in the mind of accused - Case of accused would fall under ambit of right to private defence, however,..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Murder - Circumstantial evidence - Delay in recording statement of key witnesses, not explained - In the chain of circumstances viz., recovery of dead body, recovery of clothes and car of deceased at instance of A-3, and motive for commission of crime, not conclusively proved by prosecution - No evidence to prove that A-3..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Second bail application - Murder of wife by husband - Evidence on record shows that accused murdered his wife - Motive of crime is that deceased is said to have got an insurance of Rs.5 lakhs - Weapon of offence also discovered at the pointing of accused -..........
Indian Penal Code, 1860, Section 302 -- Murder - Gu, shot injury - No evidence on record that accused was author of gunshot which killed deceased - Ballistic report did not support prosecution case, as it opined that cartridges fired and recovered from spot could not be fired from rifle belonging to accused - More so, alleged rifle not taken in police custody immediately..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Sentence - Modification - For offence of murder, minimum sentence is `life imprisonment' - High Court cannot modify the sentence to one already undergone - Modification done by High Court was erroneous - Order of High Court removing the cap of 30 years is not correct thus, set aside...........
