Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death of woman by pouring kerosene and set her on fire - Dying declaration - Involvement of six family members - Every body roped in for every event as such it is not possible to segregate or sever the actions of one from another - Two accused proved plea of alibi - Events show that deceased was very..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302 -- Murder - Further investigation - Transfer of investigation to CBI - Permissibility - Charge-sheet has been filed and departmental action taken against erring officials - Held, matter cannot be referred to CBI for further investigation after filing of charge-sheet by State Investigating..........
Indian Penal Code, 1860, Section 302, 326, 307, 436, 148, 149 -- Death sentence - Rarest of rare cases - Appellant alone could not have executed such a crime, which resulted in death of 15 persons and leaving so many injured and setting ablaze 23 houses - Entire elements of crime could not have been committed by appellant alone - Further, appellant is a tribal, stated to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No role assigned to accused in the attack made on deceased during occurrence - Sole eye-witness of occurrence made an improvement on the version given in FIR, in statement before Court by stating that accused caught hold of deceased while attack was made by co-accused during occurrence - Deceased died due to homicidal..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused acquitted - Conviction solely based on evidence of PW4 - PW4 mother of deceased, was not present at the spot at time of occurrence and she reached there after occurrence and after gathering facts lodged FIR - FIR is antedated and not lodged promptly - Incident had taken place in a..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, Criminal Procedure Code, 1973, Section 378 -- Murder - Prosecution witnesses made important and material improvements in the original case of prosecution - Evidence of witnesses shows that only one shot was fired on the deceased - Post mortem report shows 16 gun shot injuries on the deceased - Injuries sustained by other..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Accused allegedly killed deceased who had come with hope that their money would be multiplied - Fact that accused had deliberately spread news that one of them had supernatural power to multiply money proved on record - Evidence on record shows that accused had arranged lodge for deceased and..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Validity - Accused convicted for murder of several persons - Murders committed in greed of money - However, accused were young and belonged to socially deprived section living in acute poverty - Accused completed/on verge of completing their education from jail - No material or information to show any..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Prosecution failed to establish the chain of circumstances to link either of the appellants with the crime or to show that in all human probability murder was committed by them - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 149, 34 -- Murder - Unlawful assembly - Common intention - Held, even if accused has not been charged with aid of S.34 IPC and instead charged with aid of S.149 IPC, he can be convicted with aid of S.34 IPC when evidence shows that there was common intention to commit crime and no prejudice or injustice has been caused to accused..........
