Indian Penal Code, 1860, Section 302,34, 498A -- Murder - Conviction of husband - Sustainability - Three dying declarations - So far as husband is concerned two dying declarations are consistent - PWs revealed that immediately after occurrence when deceased was lying on the side of road, she disclosed to them that her husband set fire to her - None of DWs ever disclosed..........
Indian Penal Code, 1860, Section 302,34, 498A -- Murder - Conviction of mother-in-law - Sustainability - No participation of accused disclosed in setting fire to deceased - In statement of deceased, it was merely mentioned that mother-in-law harassed her - No allegations made against appellant specifically - No cogent evidence on record to hold that appellant in any..........
Indian Penal Code, 1860, Section 302,34, 498A -- Murder - Conviction of brother-in-law - Sustainability - Inconsistency in respect of act of accused casting doubt about his involvement in incident - Seems possible that deceased might have roped him because of his being brother of her husband - Held, since statement of deceased cannot be subjected to cross-examination, it..........
Indian Penal Code, 1860, Section 302, 34, 157(1) - - Murder - Conviction - Sustainability - Copy of FIR was not sent to Illaqa Magistrate at all - No explanation has been brought on record for said lapse - Firstly the FIR was lodged in regard to assault given by tabbal but when post-mortem report came and no injury of tabbal was found version was changed and story of..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Recovery of knife having blood stains matching with the blood group of deceased - PW1 in quite definite terms stated that he saw accused giving indiscriminately stab wounds to deceased - PW2 though is not an eye witness, stated that when he reached at the spot he saw deceased lying down with serious incised injuries..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical evidence - Application of - Medical evidence on record establishes that septicemia was the direct result of the burn injuries suffered by deceased - No material brought on record that septicemia in instant case was not the result of burn injury - Held, burn injuries suffered by victim resulted in her death and..........
Indian Penal Code, 1860, Section 302 -- Simple injuries inflicted on non vital part of the body - Absence of any injury on any vital part of body and absence of external injury on skull - Held, accused had not intended to cause death of deceased nor caused any bodily injury as was likely to cause death...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 164 -- Magistrate who recorded statement u/s 164 Cr.P.C. not examined - Held, not fatal to prosecution case as conviction is not based on the statement of PW-2 recorded u/s 164 Cr.P.C. but on the evidence of PW-2 examined as a witness in Court at the time of trial...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Murder - Accused convicted and sentenced to life imprisonment on sole testimony of daughter of deceased aged 8 years - Witness answered first few questions put by Court very smartly and intelligently and Court concluded that she could become witness in this case - She has..........
Indian Penal Code, 1860, Section 302 -- Murder - Ocular and medical evidence - Inconsistency therein - Effect thereof - Medical evidence does not go so far as to rule out all possibility of ocular evidence being true - Held, ocular evidence cannot be disbelieved...........
