Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 3 -- Murder - Dacoity - Recovery of two bundles of currency notes of Rs.100/- at the instance of appellant from his house - Circumstantial evidence - Benefit of doubt - Recovery of currency bundles not proved by prosecution as being entrusted to deceased on date of incident - Prosecution witnesses..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the course of sudden fight - Juvenile accused inflicted injuries on deceased while appellants held deceased - Injuries inflicted on deceased is on backside piercing left lung which shows intention of juvenile accused who inflicted injury - Appellants not taken any undue advantage..........
Indian Penal Code, 1860, Section 302 -- Murder - Death caused by beating - Appreciation of evidence - Fight between husband and wife - Statement recorded including confession of accused shows that husband assaulted deceased with a stick after heated altercations between them at spur of moment - No intention to cause death of deceased as fight was not premeditated and act..........
Indian Penal Code, 1860, Section 302, 324, 323, 341, 148, 149 -- Murder - Accused not named in FIR registered at the instance of PW1 - It was only in subsequent statement u/s 161 Cr.P.C that PW1 improved upon his earlier statement and named two more persons including accused - But PW1 failed to provide any plausible reason as to why these two persons including accused were..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Evidence Act, 1872, Section 3 -- Murder and rape of 3 years child - Appreciation of evidence - It is evident that just before the recovery of dead body of the victim, accused was lastly seen with the deceased and said fact has been corroborated by number..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Murder and rape of 3 years child - Though there are aggravating circumstances, but early age of accused is also required to be noticed - Even, accused is the first..........
Indian Penal Code, 1860, Section 302 -- Murder of father by his own son - Motive of crime proved on record that accused had grudge against his father with regard to agricultural land - Evidence of PW2 and PW8 cumulatively established that accused had gone to agricultural fields where deceased had gone at night - Land of PW8 is adjacent to that of deceased - Evidence of PW8..........
Indian Penal Code, 1860, Section 302, 364 -- Murder - Conviction - Appreciation of evidence - No evidence on record to connect accused P and R with crime except the statements of main accused M and complainant B - Statement of B are not sufficient for recoding the findings of conviction - M being accused, his statement alone cannot be read against co-accused -..........
Indian Penal Code, 1860, Section 302, 324, 325, 452, 323, 149 - - Free and sudden fight - Both parties sustained injuries - Accused `R' caused head injury from blunt side of `farsi' which lead to death of deceased - No repeated blow was given - Thus, `R' did not cause injuries with an intention to cause death - In view of his individual act, `R' is liable to be convicted..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Testimony of witnesses - Witnesses stated death was caused by strangulation whereas FSL report and statement of doctor revealed consumption of insecticide as cause of death - No injury marks found on body of deceased - No evidence to show that insecticide was administered by appellants - Witnesses of..........
