Indian Penal Code, 1860, Section 302, 324, 84 -- Murder - Plea of insanity - Accused was a chronic patient of psychotics as per fresh medical report - Sister and mother of accused stated that accused had to be tied up at times and was unable to take care of himself including clothing on his person - Prosecution did not deny the fact of treatment of accused by Psychiatrist,..........
Indian Penal Code, 1860, Section 302 -- Murder - Contradiction in the depositions of PW2 and PW4 as to where first quarrel took place and also as regards evidence led by PW2 that in first quarrel accused had entered into house of deceased with dao in his hand - Even there is contradictions in statement of PW2 in her deposition as to what he had stated before police u/s 161..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302 -- Default bail - Juvenile in conflict with law - Murder case - Time period available to investigating agency to complete investigation in the case involving a child in conflict with law, who is alleged to have committed murder is 90 days not 60 days...........
Indian Penal Code, 1860, Section 302, 326 -- Nature of offence - Specific case of prosecution is that accused nos. 2 & 3 assaulted two deceased consequent to which they lost their lives - Absolutely no material found against accused no.1 to convict him u/s 302 IPC, as he had not played any role in death of two deceased - There was also no common intention on part of..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Recovery of bale (ghatari) having dead body of deceased - Accused committed murder of deceased and subsequently both accused enwrapped the dead body in blanket and a bale (ghatari) was prepared - Dead body was recovered from possession of accused - Onus is..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Testimony of PW1 - PW1 is the taxi driver, who was hired by accused for dumping dead body of deceased - However, on being inquired by PW1, both the accused took dead body back to shop - Thereafter, co-accused fled away from the spot and accused closed the shutter of shop - PW1 informed..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Dead body of deceased recovered from exclusive possession of accused, stands proved - Both the accused hatched criminal conspiracy to destroy the evidence by attempting to dump the dead body - Story of accidental death of deceased is not proved on record,..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Evidence on record implies that incident taken place as a result of sudden fight without premeditation and on spur of the moment - Accused caused fatal blow by lathi on head of deceased but by not repeating the lathi blow he has not taken any undue advantage of the situation - Thus, act of accused falls u/s..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted blow to PW1 but deceased came in between and suffered knife injury on his forehead - No evidence on record that accused repeatedly made stab blows to anybody or to deceased - Accused did not had intend to commit murder of deceased but accidentally knife blow landed on his forehead..........
Indian Penal Code, 1860, Section 377, 302 -- Unnatural offence - Murder - Dead body of deceased recovered in half naked condition - Semen detected on underwear of accused - However, no semen detected on anal/rectal swabs of deceased - No injury on private parts of deceased - Commission of sodomy upon deceased not proved - Alleged recovery of blood stained stone and clothes..........
