Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - Ongoing squabbles between close relatives residing under one roof are nothing out of usual and may give rise to an inference that all was not well within the family - However, merely because such quarrels were going on between the accused persons and deceased, that by itself could not be a..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Testimony of son of deceased - Nothing in the testimony of PW3/son of deceased which could even remotely suggest that any or all of three accused persons were present in the house or that they had quarrelled with his mother/deceased when he left for school along with his brother - Even, none of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seem theory - There is no credible evidence on record of the case to establish the exclusive presence of appellants with deceased in the house in question at any time before the incident, justifying the shifting of burden of proof on to appellants by invocation..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Informant alleged that he had gone to the police station on 11.3.1997 to inform about the disappearance of his sister/deceased - However, I.O stated that informant had come to the police station only on the morning of 12.3.1997 for the first time and made a complaint upon which an entry was made in..........
Indian Penal Code, 1860, Section 302 -- Murder - Reduction of Sentence - Conviction u/s 302 IPC once confirmed by all Court then minimum sentence is imprisonment for life - There is thus, no ground or reason for granting a lesser sentence - When minimum sentence itself is life imprisonment, then grounds like parity, leniency, old age, health concerns, etc. are not of any..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Settlement - Quashing of proceedings - Settlement of cases involving offence u/s 307 IPC can be considered after filing Final Report and not before filing Final Report, if prosecution materials do not suggest commission of said offence and also in consideration of the nature of injuries sustained...........
Indian Penal Code, 1860, Section 307, 341, 323, 324, 506(ii) -- Attempt to murder - Settlement - Quashing of proceedings - Medical records of injured no way suggest that she sustained any injuries on vital/delicate parts of her body - Since no injuries sustained to injured on any vital or delicate parts of the body, allegation as to commission of offence u/s 307 IPC is not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 323 -- Bail - Murder of wife and minor daughter - Prima facie allegations against petitioner are grave and serious - Allegedly petitioner brutally assaulted his wife with a grinding stone following a demand for money and in a further act of cruelty lifted his minor daughter by her..........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder of 10 years old girl - Recovery of victim's slipper and underwear - Recovery memo is signed by circle officer and two independent witnesses - However, prosecution did not examine two independent witnesses - Though..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Rape and murder of 10 years old girl - Material circumstances appearing in evidence against appellant have not been put to him - Version of main PWs was not put to him - However, since date of occurrence is of the year 2009 and incident is fifteen and a half years old, after such a long..........
