Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Appeal against conviction - Conviction upheld viz.: (i) deceased was last seen alive in the company of accused soon before murder; (ii) accused failed to explain as to how and in what circumstances he parted company with deceased before deceased was murdered; (iii) recovery of mobile phone of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Significant material available on record to connect accused with offence - Looking to the gravity of allegations, bail refused...........
Indian Penal Code, 1860, Section 302 -- Triple murder case - Death sentence - Mob frenzy - Three innocent girl students burnt alive in the bus in course of mob frenzy which started with destruction of property - Accused caused damage to public property in order to show their resentment and protest against conviction of political leader in question - Victims were unknown..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Domestic quarrel between accused and deceased for a long time - Occurrence was not out of any pre-mediation - At the end of quarrel accused strangulated the deceased - There would have some provocative act on the part of deceased which would have made the accused to lose his mental balance so as to..........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 302, 120B, 34 -- Dismissal of complaint - Offence u/ss 302, 120-B, 34 IPC - Medical evidence that incident is accidental and death caused due to shock on account of injuries sustained by deceased - Presence of alcohol in the body of deceased also found - There is no eye witness of incident and no..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased a man of criminal antecedent and he himself indulged into quarrel with accused and was going to fire at him - None of PWs examined in support of prosecution case, can be termed to be wholly reliable, as at different places they gave different statement - Even wife and son of deceased not..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Accused claiming parity with acquitted co-accused - Accused and co-accused were convicted only on the basis of eye witness `G' - However, evidence of eye-witness `G' is highly unreliable, as specific injuries attributed by him do not carry any weight - Accused can justifiably claim parity with co-accused who have..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused hurled country made bombs established on record - Incised injuries caused to deceased were intentional and were sufficient to cause death in the ordinary course of nature even if it cannot be said that his death was intended - This is sufficient to bring the case within S.300 Thirdly IPC -..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Three eye witnesses to the occurrence - One declared hostile - However, statements of two eye witnesses record after 3 days of occurrence - No explanation for such delay - More so, there is no evidence on record as to how police came to know that these witnesses saw occurrence - Delay in recording statements of eye..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Cause of death phosphide poison which was mixed in food - However, doctor opined that in case aluminum, phosphide had been added to food, it could be easily detected - Food could not be consumed as phosphide gas gives poisonous smell - Moreover, maid servant PW3 categorically stated that she prepared the..........
