Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Last seen theory - Accused implicated because looted vehicle found in his possession which was intercepted and seized by constable `J' - Witnesses stated that at time of preparation of seizure memo, no independent witness was present and therefore, they could not be associated with such recoveries - `R' who..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused armed with deadly weapon chased deceased and assaulted twice on his head - Testimony of all four eye witnesses who also are injured eye witnesses is reliable and injuries on their person are proved on record - Merely because they are interested witnesses their testimony cannot be discarded - There is nothing on..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution projected case to be of `honour killing' by accused - However, there is no evidence on record that deceased eloped and married without parents consent - PW1 not supported prosecution case - Blood stained clothes though recovered but neither knife nor blood stained clothes were produced..........
Indian Penal Code, 1860, Section 302, 504, 506 -- Murder - Variance in the statements of PWs regarding happening of incident - According to PW1 he had seen the accused giving pickaxe blow on the head - However PW3 another eye witness deposed that PW1 was not present on the spot - Neither in FIR nor in the statements there is any mention about presence of PW3 - Contents of..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Extra-judicial confession - Made in presence of police officials after arrest of accused - Not admissible under law and accused cannot be convicted on that basis - Otherwise also there is no evidence on record to prove the guilt of accused, as FIR was registered but names of accused not..........
Indian Penal Code, 1860, Section 364A, 302, 201 -- Kidnapping for ransom - Murder of 10 years old child - Prosecution proved that accused kidnapped the deceased for ransom and demanded Rs.1 lac from the father of deceased PW1 and killed the deceased and dumped his body in a well - Cause of death was drowning - Dead body of deceased was recognized by his father PW1 - Voice..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 303, 304 -- Murder of wife by husband - Accused convicted without legal assistance - Legal assistance is not mere empty formality - It is mandatory for State and Trial Court to provide legal assistance to accused - Learned Judge failed to perform..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in spur of moment without any premeditation - Entire incident occurred within family in fit of rage - Deceased died due to single shot of accused - Row erupted suddenly between women of family in which accused got involved - Accused not a criminal and he acted in heat of passion -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Accused and deceased first cousins - There was no enmity between both of them or their family - Investigation conducted by police reveals that they had consumed liquor - Prima facie case of prosecution is that deceased molested wife of accused and on this accused..........
Indian Penal Code, 1860, Section 302, 328, 120B, Punjab Excise Act, 1914, Section 61(1)(a), Evidence Act, 1872, Section 7 -- Hooch tragedy - Consumption of poisonous liquor by hundreds of people - All victims, immediately after suffering the consequences of consuming liquor, made specific and categorical statement that they had purchased liquor from vends of accused - Such..........
