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 -..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Double murder case - Withdrawal of prosecution merely on the ground of good public image of accused - This reasoning cannot be accepted especially in cases of involvement of influential people - Order allowing withdrawal of prosecution of accused set aside...........
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, 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..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of material witnesses - Appellant dragged the deceased by holding her hair from her house up to the pond - Between the house of deceased and pond, there is a road and ridge of the pond - Investigating Officer admitted that there is a temple near the deceased's house and other people live nearby - Incident..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3, 32(1), 8 -- Murder - Husband and his relatives set deceased on fire by pouring kerosene on her - Divergent statement by witnesses regarding cause of harassment meted out to deceased - Witnesses claimed to be present besides deceased till her death but they did not speak about recording of dying..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 323, 506, 147, 148, 212, Arms Act, 1959, Section 25 -- Bail - Murder - Accused has suffered incarceration of 2 years, 9 months and 28 days - No injury has been attributed to accused on the person of complainant - Co-accused has already been granted bail - Conclusion of trial will take a..........
