Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Wife of deceased, is the sole eye witness, however, some contradictions are found in her statement - Police authority recovered the lathi (weapon) used for causing death of deceased on the basis of disclosure information given by accused in the presence of two witnesses but the none of witnesses was present before..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Last seen evidence - Burden of proof - Allegation that deceased died due to strangulation by accused - However, accused reached home after the death of his wife/deceased - There is no evidence to prove theory of last seen together - Prosecution has not discharged the burden..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is stated to be implicated on the basis of statement of co-accused - However, accused has been in custody since 2019 and out of 39 witnesses, none have been examined - Trial of case is likely to take time - Keeping in view of long custody of accused,..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of weapon of offence - Recovery effected at the instance of appellant and it was made in the presence of independent witness - Recovery from a place where any person can go, does not stand because human blood obtained from the scissor/weapon of murder, place of incident and clothes of deceased was found to be of..........
Indian Penal Code, 1860, Section 302 -- Murder - None of eye witnesses deposed anything relating to hurling of abuses by deceased, nor anything was deposed which could show deceased provoked appellant in any manner - Once it is clear that appellant and deceased did not even talk before the incident, then exception of S.300 IPC i.e sudden provocation is not applicable -..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs stated that accused used to harass the deceased demanding an amount of Rs.1,50,000 for purchasing a house - Accused was present in the house along with deceased at the relevant point of time - No explanation given by accused as to how deceased met with homicidal death, as he was present along with..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Fight was amongst family members of A-2 - Deceased had come to the spot only to resolve the fight among family members of accused - There was no sudden and grave provocation due to any act on the part of deceased - Intention on the part of accused is proved, as he had gone back to the house to bring..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Appellant made extra judicial confession before PW1 - PW1 was a village kotwal - Appellant had no close acquaintance with PW-1 for a certain length of time before the incident - If a person wants to confess to the crime committed by him, he will do so before the..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that after an altercation with the deceased in her house, appellant held the deceased by her hair and dragged her to the village pond - However, between the house of deceased and the pond, there is a road and ridge of the pond - This means appellant must have dragged the deceased for a considerable distance -..........
Indian Penal Code, 1860, Section 302 -- Murder - Cause of death - Evidence of PW-9/doctor stated that cause of death was due to drowning however, he was unable to state whether the death was homicidal or accidental - In fact in postmortem notes, PW-9 stated that an expert's opinion should be sought - Admittedly, an expert's opinion was not sought - Cause of death is..........
