Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Informant alleged that he had gone to the police station on 11.3.1997 to inform about the disappearance of his sister/deceased - However, I.O stated that informant had come to the police station only on the morning of 12.3.1997 for the first time and made a complaint upon which an entry was made in..........
Indian Penal Code, 1860, Section 302 -- Murder - Reduction of Sentence - Conviction u/s 302 IPC once confirmed by all Court then minimum sentence is imprisonment for life - There is thus, no ground or reason for granting a lesser sentence - When minimum sentence itself is life imprisonment, then grounds like parity, leniency, old age, health concerns, etc. are not of any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 323 -- Bail - Murder of wife and minor daughter - Prima facie allegations against petitioner are grave and serious - Allegedly petitioner brutally assaulted his wife with a grinding stone following a demand for money and in a further act of cruelty lifted his minor daughter by her..........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder of 10 years old girl - Recovery of victim's slipper and underwear - Recovery memo is signed by circle officer and two independent witnesses - However, prosecution did not examine two independent witnesses - Though..........
Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, 27 -- Default bail - Murder - Non-filing of ballistic report along with charge sheet - Neither amounts to filing of incomplete charge sheet nor fatal to prosecution case if ocular testimony is found to be credible and cogent - Application rightly..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle took place at the house of PW5, where deceased and his wife had gone and appellant started abusing deceased and thereafter went away and deceased followed him - After that, as to what had happened between deceased and appellant is not clear from the evidence of eyewitnesses - Evidence of..........
Indian Penal Code, 1860, Section 302, 341, 147, 148, Arms Act, 1959, Section 25, 27 -- Murder - Prosecution case is that only co-accused `G' has fired at the deceased - Respondents have been attributed no specific injury whatsoever - Allegations of having caught hold of deceased or raising of lalkaras are easy to level and are usually done so as to knit a wider net to..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Main allegation of causing injury by lathi is against accused who already died during the course of trial - Only allegation against A-2 to A-4 is that they had thrown pieces of bricks on the injured persons - Material contradictions in the evidence of PWs regarding genesis and manner of occurrence -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1 stated that last seen witnesses disclosed the incident to him after 18 days of incident - Whereas last seen witnesses stated that incident and the facts relating thereto were told to PW1 by them on the next day of incident - Contradiction in the version of last seen..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - FIR lodged after delay of nearly 16 days in disclosing facts of incident to I.O raises a doubt upon credibility of eye witnesses - Neither motive is convincing nor alleged instance occurred four months prior to the incident, giving rise to the motive, can be read or relied upon against the..........
