Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident took place due to sudden provocation and in a heat of passion which was a result of delay in preparing lunch by deceased - Accused picked up a wooden object and hit the deceased - Only one single blow was inflicted - Death of deceased took place 10 days after said incident while she was undergoing..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of two eye-witnesses apparently suffers from self-contradictions while one witness has turned hostile, which creates serious doubt regarding presence of said witness at the time of occurrence of incident or immediately thereafter - More so, murder weapon had been recovered on information supplied by appellant after..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 201, 114 -- Discharge - Murder case - Dead body of deceased recovered from well - It would be difficult for a single person to manage all activities right from killing of deceased to dragging her and then throw her in well - Prima facie evidence available on record that co-accused helped..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was living with her children along with her brother-i, law/accused in joint family - Children of deceased stated that accused came in drunken condition and threatened to kill them - PW1 heard cries of her mother/deceased and also seen accused taking deceased towards..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Accused frequently quarreled with deceased and also assaulted her - Property dispute between accused and deceased also on record - Accused also was in greed for fixed deposit of Rs.1,20,000 which had become due payable to deceased - Motive held, proved...........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 is son of deceased residing with her and accused - He was a natural witness to speak about occurrence - Evidence of PW1 is cogent and natural and is consistent with prosecution case - Non-disclosure of names of other accused by PW1 in his statement, does not render PW1's evidence untrustworthy, particularly, when PW1..........
Indian Penal Code, 1860, Section 302 -- Murder - Plea of suicide by deceased taken by accused in his defence - However, medical evidence not supported the said plea - Plea rightly rejected...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Deceased was last seen alive in company of accused and accused did not satisfactorily explain missing of deceased - Same is a strong mitigating circumstance against accused - Last seen evidence proved...........
Indian Penal Code, 1860, Section 302, 84 -- Murder of eight month old child by her own mother - Plea of insanity - PWs including husband of accused stated that accused is a mental patient right from date of their marriage and he never got her examined by any psychiatrist - Unsoundness of mind of accused already part of evidence as deposed by PWs - It is duty of prosecution..........
Indian Penal Code, 1860, Section 363, 366, 376(A), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6, 42 -- Kidnapping, rape and murder of eight years old girl - Independent witnesses seen deceased in the company of accused before incident - Statements of independent witnesses duly corroborated by medical evidence as well as forensic reports -..........
