Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Circumstantial evidence - Deceased found murdered in the bathroom of her house - Factum of illicit relation of deceased with father of accused not proved which is a strong motive for accused to commit murder of deceased - Daughter of deceased and domestic servant does not support the prosecution case - Even..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Circumstantial evidence - Recovery of blood stained clothes and weapon of offence - Recoveries affected at the instance of accused but no independent witness was joined to recovery and disclosure statement - FSL report shows that human blood found on clothes of accused matched with blood group of deceased - Such..........
Indian Penal Code, 1860, Section 498A, 302 -- Dowry death - Where married sister-i, law (Nanad) or Bhabhi are living separately but have been named in the commission of any matrimonial crime, onus is on prosecution to prove the presence of such accused in comparison to the person who is physically residing as part of matrimonial home, is much higher...........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Two dying declarations - Both the dying declarations recorded by I.O and SDM are surrounded by many suspicious circumstances - Investigation has not been conducted fairly - Victim had suffered 45% burn injuries as per MLC report and 30% burn injuries as per death summary report - Post mortem of victim was not..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Circumstantial evidence - Held, Court has to examine entire evidence in its entirety especially in case of circumstantial evidence and ensure that only inference drawn from evidence is guilt of accused - If more than one inference can be drawn then accused must have benefit of..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Conviction - Validity - Appellants alleged to have attacked deceased and caused his death in furtherance of their common object - Eye-witness in his testimony not stated about presence of appellants at place of occurrence and did not attribute any role to them in occurrence - Names of appellants..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Circumstantial evidence - No eye witness of incident except PW1 - Motive not proved - Conduct of PW1 was not natural as he manipulated the story of murder against accused - There are so many infirmities in prosecution case - Twenty five pellets recovered from body of deceased but only two..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32, 106 -- Murder - Death by burning - Dying declaration - Victim sustained burn injuries at her matrimonial home - She was not rushed for medical aid immediately after the occurrence - How and in what manner deceased sustained burn injuries was solely in knowledge of appellants - But they have not..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra judicial confession - Accused assaulted deceased by means of blunt side of axe resulting in his death - All injuries were ante mortem in nature and were sufficient in ordinary nature to cause death - Extra judicial confession of accused before PW1 appears to be voluntary and spontaneous and..........
Indian Penal Code, 1860, Section 302, 304I -- Nature of offence - Murder or culpable homicide not amounting to murder - Appreciation of evidence - Nothing in evidence to show that accused assaulted deceased on account of grave and sudden provocation and being deprived of power of self control or that accused assaulted deceased without pre-meditation of sudden fight in heat..........
