Indian Penal Code, 1860, Section 302 -- Murder - Accused committing murder of his real sister - PW3 brother of accused deposed that when he reached home he heard the noise of PW4 his nephew and he saw accused running away having a `Dattar' in his hand after committing murder of his sister - Weapon of offence `Dattar' was recovered from a store of residential house of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - PW4 was 12 years old at the time of occurrence and was playing near her mother when his mother was murdered by his maternal uncle - He stated as to how accused caused injuries to his mother in his presence - This witness was subjected to extensive cross-examination but nothing..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Contrary evidence on point of place of incident - Non-explanation of injury No.3 of deceased by his son - Independent witnesses although available but not examined by prosecution - Highly inimical and interested witnesses examined - Prosecution failed to send blood stained earth and plain earth to obtain chemical..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - 100% burn injuries - Doctor who recorded dying declaration admitted that he withheld the said dying declaration with him till his evidence was recorded u/s 202 Cr.P.C and he did not inform to the authorities prior to that - Doctor has not given any certificate that at the time of recording dying..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - 100% burn injuries - No eye witness - Dying declaration was not mentioned in FIR - Complainant is deeply interested in conviction of accused as he admitted that he had a strong enmity with accused on issue of land - All PWs unreliable - Improvements and contradictions in statements of PWs - Dying..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Extra judicial confession of co-accused - Weapon of offence not attributed to appellant but was allegedly used and thrown by deceased accused - It is difficult to appreciate and accept that blood would remain on pharsa when it remained in water for six days - Purchases made from PWs are not covered..........
Prevention of Terrorism Act, 2002, Section 3, 4, 5, 21, 22, 50, Explosive Substances Act, 1908, Section 3, 4, 6, Indian Penal Code, 1860, Section 302, 307, 121, 153A, 120B, Arms Act, 1959, Section 27 -- Murder - Attack on Akshar Dham Temple - Sanction for prosecution was not valid under POTA on account of no, application of mind - Even, confessional statements of accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession - Accused in the influence of liquor killed deceased and made extra-judicial confession before PW4 on the same day of incident - PW4 neither informed the relatives of deceased immediately regarding murder nor to the police - PW4 admitted that accused was not having cordial relations with accused and..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of eight years old girl - Circumstantial evidence - Ransom note - PW23 handed over the ransom note to police - On ransom note name of PW7 was written - It is highly improbable and apparently unrealistic to accept that if PW7 was the kidnapper he would have disclosed his name in letter - PWs 16 and 17's testimonies with..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of eight years old girl by her own father - Circumstantial evidence - Accused committed murder of his own daughter to get respite in some criminal case - Ransom note was made by him - Suitcase in which dead body of deceased was recovered was purchased by accused from PW3 - Simply because accused is deceased's father, he..........
