Indian Penal Code, 1860, Section 302 -- Murder of wife by her husband - Circumstantial evidence - Last seen theory - Accused left the house of PW11 and deceased followed him - When PW11 made a call to deceased, accused attended the same and said that deceased was sleeping at her matrimonial home `BEKHABAR' - It proves that there was admission on the part of accused that..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by her husband - Circumstantial evidence - Motive - PWs categorically stated that deceased was subjected to cruelty and atrocities at the hands of accused - Evidence on record shows that accused disliked the deceased and even tried to poison deceased on an earlier occasion - Both accused and deceased had a strained..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by her husband - Reduction of sentence - Where prosecution proved its case beyond reasonable doubt that accused is the author of crime, factors like age of accused, liability of two daughters and accused has never absconded from proceedings and joined the investigation, would not help the accused, as these are..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted knife blow to deceased after heated exchange of words, as a result of which deceased died - There was no pre-mediation and incident occurred in the heat of passion in a sudden fight - Offence committed by accused is covered u/s 304(Part I) IPC and not u/s 302 IPC...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 201 -- Summoning of additional accused - Murder case - Evidence on record shows that petitioners were named in the FIR but after conclusion of investigation I.O. did not submit charge-sheet against them - However, when trial commenced and statement of PWs recorded, names of petitioners..........
Indian Penal Code, 1860, Section 302, 307, 324, 326 -- Murder - Incident took place when deceased caught hold of a pick pocketer, as a result deceased suffered stab injuries - Name of assailant was not in the knowledge of injured persons - However, injured persons identified the accused in TIP and also after having recovered from injuries - Recovery of knife proved on..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 3 -- Murder - Cruelty - Victim sustained 100% superficial burns while cooking - Deceased subjected to cruelty - Statement of CFSL report that washer of air pressure pump was found missing and burner was in bent condition - Lends possibility that an accident had occurred in room which was bolted..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Reduction of sentence - Appeal pending since 15 years - Appellants have no other criminal antecedents - Fact that appellant `P' a lady aged more than 80 years has undergone approximately 11 months in custody - Appellant `G' aged more than 50 years has undergone approximately 2 years 4 months in custody - Further,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness surrounded with suspicion - In fact he is not an eye witness to the occurrence - Informant exhibits unnatural conduct in as much as he did not bother in calling the police after escaping from spot of occurrence - Aspect of availability of eye witness shortly after arrival of police is shrouded in..........
Indian Penal Code, 1860, Section 302 -- Murder - Six accused were implicated for murder of deceased out of which four acquitted and one died - Present accused convicted on the basis of testimony of PW1, an eye witness - Incident occurred at night in dark area - Prosecution failed to establish that there was sufficient light in which PW1 could see the accused who attacked..........
