Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - False implication - Grandmother of complainant was also murdered by other accused persons of the same village before this occurrence but complainant has not named those accused persons in present murder case due to previous enmity - Plea of false implication due to animosity not accepted as complainant being son..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Solitary evidence of complainant - Injury by fire arm from back side and with close range - Occurrence has been witnessed by complainant as well as two other witnesses but they both declared hostile - Complainant is trust worthy witness as his statement is fully in consonance with version of FIR and is..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Plea of juvenility - Accused `J' has not pressed himself his application regarding juvenility before Trial Court therefore raising plea of juvenility before this Court is barred by principle of Res judicata as well as principle of estoppel - No evidence on record to show accused `J' was juvenile at the time of..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Petitioner seeking direction restraining authorities arresting him - Active role has been attributed to petitioner and he is named in FIR - Alleged occurrence has taken place in presence of administrative and police officers - One police..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Prayer as to transfer of case to C.B.I for investigation by accused - Investigation of Criminal case may not be conducted at the choice of accused but fair investigation is right of both complainant and accused - No proper reason to say that..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Prayer for instituting a commission of Judicial Inquiry - It is a criminal case in which specific allegation has been made in FIR - There is no valid reason requiring judicial enquiry headed by Judge of High Court sitting or retired - Prayer..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - Dying declaration - Prosecution proves that it was husband at whose instance and instigation deceased was subjected to death by pouring kerosene oil and lit her on fire - Deceased declared that her husband used to beat her after drinking liquor - Concurrent findings of courts below cannot be interfered -..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - Dying declaration - Except dying declaration there is nothing on record to strongly suggest that accused and his wife were involved in commission of crime - During investigation accused and his wife were found innocent as they were living separately - Neither in dying declaration nor in statement of..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Culpable homicide is genus and murder is its species - All murder is culpable homicide but not vice-versa - Culpable homicide may be or may not be amounting to murder in terms of S.300 IPC - Murder is punishable u/s 302 IPC but when offence is culpable homicide not amounting then punishment would be dealt..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Where act committed is done with clear intention to kill other person, it will be murder within meaning of S.300 IPC and punishable u/s 302 IPC - But where act is done on grave and sudden provocation which is not sought or voluntarily provoked by offender himself, offence would fall under exceptions to S.300..........
