Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - All the accused unlawfully assembled with clear intention to eliminate entire family of deceased - Even if any of them had not been assigned specific role of assaulting deceased, they all would be guilty for an offence of murder and are liable to be convicted for life imprisonment...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Medical evidence - Only one kind of weapon i.e chopper was used in committing the crime - Evidence of doctor proved the injuries but suggested possibility of use of different weapons in causing those injuries - Though evidence of doctor may not be matching with that of prosecution, but ocular evidence of injured eye..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of two injured eye witnesses - All the accused initially assembled in front of house of deceased and first two of them arrived and later rest of them came in auto rickshaw - They were armed with weapons especially choppers and thereafter trespassed into the house of deceased - PW3 and PW4 are eye witnesses who..........
Hindu Succession Act, 1956, Section 25 -- Succession certificate - Murderer disqualified - Wife prosecuted for murder of her husband - However, in view of acquittal of wife from criminal case, she cannot be disqualified u/s 25 of the Act - Succession certificate directed to be issued to wife...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Murder - Mere non-receipt of viscera report alone would neither render the investigation incomplete nor render the Magistrate unable to take cognizance, particularly when case is based on eye witness account wherein the identity of deceased is not in dispute and furthermore, the manner in which the injuries..........
Indian Penal Code, 1860, Section 302 -- Murder - Required materials for murder include intention, cause of death (the act has to be done with the knowledge that the act may cause the death of another) and bodily injury (there must be intent to cause such bodily injury as is likely to cause death)...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Disclosure statement - Recovery of dead bodies of deceased - Place from where dead bodies were recovered was known to police - Consequently, it cannot be said that there was discovery by accused of place where dead bodies were kept - Part of statement of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Recovery of weapon of offence - Recovery was allegedly made from open space in a garden - Place was thus, easily accessible to many - Neither PW15 nor PW20 have stated that weapon and cartridges were buried underground and were recovered only after..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Specific questions were put to accused in his examination u/s 313 Cr.P.C regarding recovery of various articles at his instance and also regarding FSL report, but he failed to give explanation with regard thereto - However, High..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of various articles at the instance of accused - Dead body of deceased was found much prior to recording of Memorandum of accused u/s 27 of the Act - Therefore, only that part of statement which leads to recovery of dagger and rickshaw would be..........
