Indian Penal Code, 1860, Section 302, 109 -- Murder - Deceased was found lying with bleeding injury in his abdomen in a closed room and accused `M' was present in said room clutching knife which was blood-stained - There was no possibility of any other person entering the room - Dying declaration of deceased clearly implicates accused `M' - Prosecution proved its case..........
Indian Penal Code, 1860, Section 302, 109 -- Murder - Accused `A' was not present when room was opened, where injured deceased was lying - No evidence to show that accused `A' had abetted the crime - PWs 12 & 13 tried to implicate accused `A' by stating that his motive for killing deceased was demand for repayment of loan but there is no other evidence except the bare..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - PWs not supported prosecution case - None have seen anyone committing murder of deceased - No evidence on record that recovered country made pistol is used in committing the alleged offence - Recovery itself is not supported by independent witnesses as witnesses of..........
Indian Penal Code, 1860, Section 302, 304 (Part II) - - Murder and culpable homicide not amounting to murder - Nature of offence - Accused pored kerosene oil on his wife and set her on fire - There was no pre-mediation nor predetermined motive of crime - Accused received the news of his ailing father and wanted to see his father and asked deceased to accompany him but she..........
Indian Penal Code, 1860, Section 302, 364A, 201, 120B, Evidence Act, 1872, Section 106, 27 -- Murder - Kidnapping for ransom - Disclosure statement - Burden of proof - Accused committed murder of two persons i.e father & son after kidnapping them for ransom as demand of ransom was not met - Recovery of dead bodies from covered gutters and personal belongings of deceased..........
Indian Penal Code, 1860, Section 302, 364A, 201, 120B, Criminal Procedure Code, 1973, Section 357A -- Murder - Compensation to victim family - High Court committed error by declining to give compensation without any reason to deceased family - Widow of deceased who is also mother of other deceased representing family of victim be paid interim compensation of Rs.10 lacs -..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 363, 367, 201 -- Rape and murder - Death sentence - Last seen evidence - Rape of 4 years old girl by 47 years old accused - Accused was seen by 5 PWs taking minor girl on his cycle and one of them was a shopkeeper from whom accused purchased chocolate for her - No contradictions in testimonies of these PWs - After committing..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 363, 367, 201, Evidence Act, 1872, Section 27 -- Rape and murder - Death sentence - Recoveries at the instance of accused - Accused led to discovery of dead body of deceased, place where he washed his clothes and stones smeared with blood as exclusively in the knowledge of accused - Blood on these recoveries was matched with..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 363, 367, 201 -- Rape and murder - Death sentence - Rarest of rare case - Rape of 4 years old girl by 47 years old accused - Accused was a history sheeter and number of cases pending against him - Nothing on record to show that rape and murder was done under any mental stress or emotional disturbance by accused - Accused was..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Accused along with two co-accused fired on deceased and witnesses and took away their bicycle and cash - It was too much a coincident that accused who was resident of another village could have been identified by witnesses - There was hardly any reason for witnesses to have crossed the way on which accused..........
