Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Ranbir Penal Code, 1989, Section 302, 34, 201, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/Ss. 302, 201, 34 and Ss.4, 25 Arms Act - Petitioner in custody for seven years - Even, co-accused died during pendency of trial - Moreover, entire prosecution case based on circumstantial evidence - Further, material..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by poisoning - Court must carefully scan evidence and determine four important circumstances which alone can justify conviction i.e. : (i) there is a clear motive for an accused to administer poison to deceased; (ii) that deceased died of poison said to have been administered; (iii) that accused had poison in his..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Last seen evidence - PW1/only last seen witness admits that accused persons are not known to him - He also admits that he cannot say as to where accused persons are living - PW1 stated that deceased had gone alone - Theory of last seen propounded by star prosecution witness (PW1) is not made out...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - When there is neither any eye witness account nor any evidence of last seen or any scientific evidence is available to connect appellants with alleged murder then conviction of appellants merely on the basis of surmises and conjectures cannot be sustained in the eyes of law - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Important witnesses have been declared hostile - I.O. not examined - Failure to examine I.O. also means that place of occurrence has not been duly established - Doctor has not been examined and post-mortem report has not been brought on record - Cause of death therefore, remains unproved - Prosecution case suffers..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Appreciation of evidence - None of the witness testimonies indicated premeditation of mind between the accused and co-accused - Further, the eyewitness/informant failed to mention in the FIR any active role of the accused in the alleged offence apart from the role of exhortation - Moreover, general..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Mere presence of the accused on the spot is not sufficient to establish common intention of the accused...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of interested/relative witnesses - Son and wife of deceased allegedly covered a distance of 16 kilometers in a matter of barely thirty minutes on a single bicycle - However, it seems highly unlikely that a boy of 17 years of age would be able to cover such a long distance that too with his middle-aged mother as..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witnesses PW4, PW5 and PW6 were declared hostile - These eyewitnesses during their depositions had stated that four or five persons came and attacked deceased - Post-mortem report identifies 26 injuries on the body of deceased, which are unlikely to be caused by a sole assailant and is more probable to be a result of..........
