Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Evidence of eye witnesses is consistent and also acknowledging presence of each other at the spot of incident - Manner in which appellants assaulted deceased persons has been clearly indicated - These witnesses were cross-examined but nothing contrary to prosecution case has been elicited from them - Minor..........
Indian Penal Code, 1860, Section 498A, 307, 323, 313, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Attempt to murder - Dowry demand - Complaint is absolutely silent about any specific date or time of torture - No iota of material can be found regarding incident of pouring kerosene oil on her and or banging her head with wall from case diary - Nature of..........
Indian Penal Code, 1860, Section 302 -- Murder - Number of injuries is not determining factor for ascertaining intention...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Interim bail - Sought on ground of ill health of wife - Murder - Mere illness of a family member particularly when condition is under control and improving does not constitute an exceptional circumstance warranting grant of interim bail in case involving heinous offences - Application dismissed...........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Testimony of wife of deceased - Contradiction in the statement of PW1 is very trivial in nature, which cannot negate or demolish prosecution story - Even if there are some omissions, contradictions and discrepancies entire evidence cannot be disregarded - Undue importance should not be attached to omissions,..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Motive - PW1 stated that accused wanted to sell ancestral land which was being opposed by deceased - PW2/real brother of accused and deceased in his evidence stated that accused wanted to sell his land which was being opposed by deceased as accused used to drink liquor after selling his land, due to that reason accused..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Related witnesses - Incident took place in the house of deceased and accused which was only witnessed by PW1/informant/wife of deceased who has been examined - Therefore, question of production of witness from vicinity does not arise, whose deposition finds full support from postmortem report - If murder is committed in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 103, 238, 239, 249 -- Bail - Murder - Petitioner is already in custody for a period of more than 9-1/2 months - Being a female, petitioner deserves a lenient view - Nothing is left to be recovered from possession of petitioner - Nothing on record to show that petitioner if..........
Indian Penal Code, 1860, Section 302, 34, 201, 404 -- Murder - Appellant No.2 only helped co-accused in suppressing evidence by digging a hole and hiding dead body of deceased - No recovery of any of articles of deceased effected from possession of appellant No.2 - It was co-accused who caused assault, which resulted in death of deceased - Conviction of appellant No.2,..........
Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Any adverse inference u/s 106 of the Act is to be drawn against accused when prosecution has been able to establish the case beyond a reasonable doubt...........
