Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Held, an accused can be convicted not only on basis of direct evidence but also on basis of circumstantial evidence but chain of circumstance narrated must be so closely intertwined and there must be no gap in between so as to raise a conclusive presumption of guilt of accused and nothing else...........
Indian Penal Code, 1860, Section 302, 307, 452, 149 -- Murder - Attempt to murder - Unlawful assembly - Proof - Accused persons armed with weapons alleged to have trespassed in houses of deceased persons at midnight and killed all family members of injured witness - Testimony of injured eye-witness is cogent, credible and trustworthy - Seizure of blood-stained materials..........
Indian Penal Code, 1860, Section 302, 148, 149, 450, Arms Act, 1959, Section 25 -- Murder - Accused acquitted - Weapons recovered did not contain any blood stains as such weapons of offence could not be sent to Forensic Science Laboratory for critical examination of blood stains - Alleged recovery of weapons without any blood stains do not in any way indicate the..........
Indian Penal Code, 1860, Section 302, 120B, 34 -- Murder - Appeal against conviction - Victim suffered a homicidal death due to ante mortem injuries caused by `N' - Wife of deceased also convicted for supporting the accused - Deceased in his dying declaration disclosed that he was assaulted by appellant - On the date of incident while deceased leaving his home told his..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Bail - Murder - Petitioner 80 years old - No specific role has been assigned to the petitioner - He was not armed with any weapon and was empty handed - Further detention as an under trial not warranted - Bail granted...........
Indian Penal Code, 1860, Section 302 -- Murder - Intention & knowledge - Distinction - Difference is of degree - Knowledge means consciousness or realization or understanding - Knowledge denotes a bare state of conscious awareness of certain facts in which the human mind might itself remain supine or inactive whereas intention connotes a conscious state in which mental..........
Indian Penal Code, 1860, Section 302 -- Murder - There was neither any premeditation on part of accused nor any previous enmity between accused and deceased, all that happened was on a spur of moment and that too after deceased showed aggression to accused who was already facing fear of being caught after committing theft - No intention can be attributed on accused, it was..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Last seen theory - Held, in cases where accused was last seen with deceased victim just before incident, it becomes duty of accused to explain circumstances under which death of victim occurred...........
Indian Penal Code, 1860, Section 302 -- Murder - Death penalty - Extreme penalty of death need not be inflicted except in gravest cases of extreme culpability - Balance sheet of aggravating and mitigating circumstances has to be drawn up and in doing so mitigating circumstances have to be accorded full weightage and a just balance has to be struck between aggravating and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Dowry death - Prior to the incident there was no complaint of ill treatment, harassment or dowry demand either by parents of deceased or by deceased herself - In view of several infirmities in oral dying declaration stated to have been made by deceased are worthy of no credence - No steps taken by..........
