Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had suddenly stabbed deceased during a heated verbal argument with him and not during a pre-planned attack which was carried out with sole intention of causing death of deceased - Previous enmity between parties had been a contributory factor leading to verbal altercation but it was not a..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Last seen theory - PW2/wife of deceased stated that deceased and accused went together for consuming liquor but deceased did not return - She stated that she also went in search of her husband along with one accused who came sometime thereafter - However, version of PW2 is not..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Recovery of tangia/axe - Recovery effected at the instance of accused is per se not admissible, as same was made in police station - PW8 not supported the recovery of weapon of offence at the instance of accused - Evidence of I.O. and PW5 regarding recovery is inconsistent - Recovery..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Murder - Testimony of PW5 and PW6 - PW5 in her evidence not mentioned about accused and she only states that third person had fired a gun shot which had injured her leg - Evidence of PW6 is disbelieved by trial Court qua co-accused - When trial Court disbelieved the testimony of PW5 and PW6 qua co-accused, it could not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder by poisoning - FIR lodged when the report of Chemical examiner was received - There was no mala fide intention on the part of any of witnesses or the police not to register the FIR or to delay the registration of FIR - Mere delay in registering the FIR could..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Prosecution must prove following four circumstances in case of murder by poisoning: (1) there is a clear motive for an accused to administer poison to the deceased; (2) that the deceased died of poison said to have been administered; (3) that the accused had the poison in his possession; (4) that he had an..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Motive of crime not proved - None of PWs had any personal knowledge about alleged incident and about the cause of the deteriorating health condition - Doctor who carried out post mortem of deceased had not given any opinion on cause of death - Prosecution even failed to conclusively prove that substances found..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Cross case was registered against complainant party for injuries sustained by accused - It is not clear as to whether common object of unlawful assembly was to cause death of deceased or not - Accused did not have an intention to cause death of anybody from complainant party - It is possible that..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was an alcoholic and he used to misbehave not only with his wife but also with her family members - Incident occurred inside the house when accused lost his self control on account of persistent provocation and suddenly thrashed accused/son-in-law with bamboo stick - Deceased was living as a ghar..........
