Indian Penal Code, 1860, Section 302, 379, 201, 411 -- Murder - Circumstantial evidence - Last seen theory - Difference between time when deceased was last seen and time when her body was discovered is too great as her body was discovered after a delay of four days - No evidence to show that place where deceased's body was eventually discovered is near about the place..........
Indian Penal Code, 1860, Section 302, 379, 201 -- Murder - Circumstantial evidence - Recovery of remaining part of rope which was used to tie up a gunny bag in which body of deceased was recovered - No evidence that recovery effected at the instance of accused `S' - There is no FSL report which establishes the fact that fibers of rope are similar in their texture, design..........
Indian Penal Code, 1860, Section 302, 379, 201, 411 -- Murder - Circumstantial evidence - Both the accused persons identified the room where allegedly deceased was killed - However, as no incriminating evidence was recovered from the said room, therefore mere identification of room is irrelevant - Moreover, since accused `S' already identified the said room, identification..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Accused committed murder of deceased and thrown her headless dead body into a locked house - Death caused due to asphyxia following ante mortem, smothering and throttling along with head injury - Recovery of headless body and plastic bag with a severed head and other belongings of deceased at the instance of accused -..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Reduction of sentence in default to pay fine - Accused sentenced to undergone life imprisonment and pay fine of Rs.10,000 and in default to undergone R.I. of 7 years u/s 302 IPC and for offence u/s 201 IPC accused sentenced to 5 years R.I. with fine of Rs.5000/- and in default to undergone 1 years R.I. - Sentence modify..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Free fight between two groups - Injuries suffered by both the sides are on record - Accused who suffered knife injury in the incident caused death of one of deceased by firing several shots there by exceeding right of private defence - It is not a case of culpable homicide not amounting to murder..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Death by strangulation - Allegation that accused committed murder of their friend by strangulation in the hotel room where they stayed as they were foreign nationals who visited India as tourists - Post mortem report of deceased shows that there is no symptoms of strangulation - Non recovery of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Non-production of CCTV footage - Prosecution failed to produce CCTV footage of hotel where accused stayed, which is an important piece of evidence - Adverse inference drawn against prosecution u/s 114(g) of Evidence Act that prosecution withheld it as same was unfavorable to them had it been..........
Indian Penal Code, 1860, Section 302, 307, 323 -- Murder - Death sentence - Death of six persons by hitting with bus and eleven persons injured - Altercation between accused and passengers about fare - Not only there were heated exchanges between accused and passengers but driver was slapped by a passenger - Incident occurred in the spur of movement without any..........
Indian Penal Code, 1860, Section 302, 307, 323 -- Murder - Death of six persons by hitting with the bus and eleven persons injured - Presence of accused `N' in the bus or at the spot unclear - No test identification parade of accused `N' conducted - No evidence to show that accused `N' shared common intention with other accused for committing alleged crime - Accused `N'..........
