Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - Testimony of eye witnesses - Major contradictions are shown in the deposition of eye witnesses - Though said witnesses sustained injury, their injury report not produced by prosecution - Deposition of doctor who had treated them in the hospital is not coming on record - It is not in dispute..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - I.O did not seize the blood-stained soil from the place of occurrence nor blood stained clothes of deceased were sent for necessary analysis to FSL - Even there is no recovery/discovery of weapon allegedly used in commission of alleged incident from any of appellants - It is specific defence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is in custody since 2022 but only 1 out of 19 PWs had been examined so far - Trial of case is not likely to be concluded anytime soon - Co-accused have already been granted bail - Further incarceration of accused is not required - Bail granted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Eye witnesses were closet relatives of victim - They allegedly saw fatal assault on victim and yet did not take any step to save him from assault - Eye witnesses who were standing or moving at ground level could not have seen gunshots being fired at deceased from roof of house of co-accused -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Circumstances leading to murder of deceased were in the exclusive knowledge of appellant - He has offered no explanation as to the manner in which deceased was strangled to death within the confines of the room where only he and deceased were present -..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 299 -- Murder of wife by husband - Recording of evidence of complainant in the absence of accused - Appellant vanished from the crime scene and remained absconding for a period of nearly 10 years - Statement of complainant was recorded in proceedings u/s 299 Cr.P.C - Circumstances of motive, last..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Recovery of confessional note from the crime scene - Specimen writings of appellant were lawfully collected by I.O after he was arrested and all these documents were placed on record with the charge sheet - These specimen writings and admitted writings of appellant along with confession note recovered from..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Investigation - Investigating Officer gave unimpeachable evidence proving the various steps taken by him for collection of evidence during investigation so as to link the appellant with murder of deceased - Fact that appellant was present with deceased on the night preceding the murder is firmly..........
Indian Penal Code, 1860, Section 302, 326 -- Murder - Appellant stabbed deceased as per PWs - Presence of appellant at the place of occurrence was established by witnesses - Medical evidence supports the ocular evidence - Independent witnesses have also supported the prosecution case - Motive has also been proved as all the witnesses have stated that appellant was refusing..........
