Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Deceased sustained as many as 26 injuries - Eye witnesses consistently spoke about incident that accused were armed with deadly weapons - Overt acts of accused is corroborated by medical evidence and also by recovery of weapons - Presence of mud on thighs and legs does not raise doubt about..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused suspected his wife to be involved in extra martial relation with another person of village for which villagers also used to tease him and due to such disgraceful remarks he got agitated and suddenly struck his wife's head causing bleeding injury resulting into her death - Even after assaulting..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Benefit of doubt - Testimony of sole-witness, not reliable - TIP done after two weeks of arrest of accused - Contradiction in identification and arrest of accused - Finger prints found on liquor bottle not matched with that of accused - Recovery of knife from an open `nala' which..........
Indian Penal Code, 1860, Section 302, 498A, 506 -- Murder of wife by husband - Quantum of sentence - High Court while awarding life imprisonment to accused also stated that it would be a minimum period of 30 years without remission - No doubt case pertains to murder of wife by husband but there are some extenuating circumstances and one of them was that after killing wife..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Medical evidence - Report of FSL as well as Ballistic Experts - FSL reports disclose that samples collected from scene of offence had blood stains of human origin - However, blood stains were disintegrated by time of bloodstains were examined by FSL, blood group could not be..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Unlawful assembly - Five accused collectively came to house of deceased along with deadly weapons with common object of committing murder of deceased - Merely because gun shot fired by accused did not enter body of deceased or was misfired, accused cannot be said to be..........
Indian Penal Code, 1860, Section 302, 304(Part II), 100 -- Nature of offence - Right of private defence - Case of accused is that he wielded tangi in self defence - Tangi came into hands of accused when he was trying to protect himself from being hit by PW3 - Accused also injured on the head during incident and remained in hospital for 8 days - Prosecution failed to..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Three accused convicted for the offence punishable u/s 302 - Recovery of katta at the instance of A1 disbelieved and FSL report does not establish that said katta was used in the commission of offence - Neither arrest of A1 nor recovery of bloodstained t-shirt at his instance..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Witness of Last seen theory is not reliable, as PW7 remained silent for 2 months after the occurrence itself and PW8 also suffers from the same shortcomings - Said witnesses were shown to be roped by police as an after thought in order to put..........
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,..........
