Indian Penal Code, 1860, Section 302, 364, 201, Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction u/ss 302, 364 & 201 IPC - Bail during pendency of appeal - Appellant `R' made a confessional statement that he alongwith other co-accused persons kidnapped the deceased and thereafter murdered him - He also made disclosure about the dead body - The only..........
Indian Penal Code, 1860, Section 376, 302 -- Rape & murder - Minor girl - Acquittal upheld as : (i) Prosecution failed to prove with clinching evidence that deceased was seen lastly in company of accused; (ii) Contradiction between recording of medical condition in Panchnama and medical examination conducted by doctor in so far as they relate to injury on penis of accused;..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 401 -- Murder - Acquittal - Validity - Not only all prosecution witnesses supported prosecution's case in its entirety but during cross-examination also they did not made any embellishment or material development - Trial Court rejected evidence of witnesses merely on ground that they are..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Circumstances are incapable of an inference that it was accused and accused alone who had committed murder - FIR lodged by accused cannot be read in evidence as it was an inculpatory report - Time of occurrence even by approximation has not been established by prosecution - No evidence on record to..........
Indian Penal Code, 1860, Section 302, 34, 394 -- Double murder - No adequate evidence for connecting the appellants with the offence as it was too much of a coincidence and highly improbable that appellants leaving the house after committing murder of deceased at the precise time when witnesses had arrived at the house - Although substantial properties are said to have..........
Indian Penal Code, 1860, Section 304B, 302, Evidence Act, 1872, Section 113B -- Dowry death - Proof - Death of wife of appellant due to strangulation within 7 years of marriage - Evidence on record established that she was harassed for dowry - Building in which appellant and deceased were living consists of four portions where others were also living - Held, appellant..........
Indian Penal Code, 1860, Section 302, 307 -- Murder or attempt to murder - Proof - Doctor conducting post-mortem examination stated that no internal injuries were found and gun was fired from a distant range - Doctor opined that death was caused because of shock but he has nowhere stated that it was due to injuries caused by appellant - Held, for holding an accused guilty..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against Conviction - Accused acquitted - Case based on circumstantial evidence - Medical evidence only indicates about homicidal death of deceased - No definite finding can be given about causing suffocation or smothering but there was a legature mark around the neck of deceased - Prosecution first tried to make..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Conviction - Validity - Accused alleged to have committed murder of his wife along with co-accused - Victim found lying dead inside bedroom in consequence of injuries suffered by her - Attempt was made to burn her body - Failure of accused to establish that he was away from his house at..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Case based on circumstantial evidence - Multiple dying declarations made by deceased to different persons at different times and there is inconsistency between the same - Evidence of mother of deceased shows that it was a case of suicide where deceased set herself on fire on a moment of rage - Even..........
