Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Motive of crime not established - Once testimony of last seen and recovery is discarded, there remains no other evidence on record to establish the chain of events to implicate the accused - Guilt of accused not proved - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness has not identified both the accused in Court - Accused cannot be convicted in the absence of their identification by eye witness before Court - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder of wife by husband - Motive - When the family of accused itself reported the matter to police regarding murder, it is not necessary for prosecution to have established any specific motive which led accused to commit murder of his wife .(Para 24)..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Complainant/son of accused had not chosen to explain circumstances under which he was compelled to lodge FIR against his own father for murder of his mother - It was for accused to explain the situation either by way of cross-examination or through his explanation furnished in the statement u/s 313 Cr.P.C..........
Indian Penal Code, 1860, Section 302, 114 -- Murder - Presence of accused at the spot was proved beyond reasonable doubt - Nothing on record to establish that eyewitness or post occurrence witnesses were not present at the place of offence or PWs description of incidence was imaginary - Sufficient corroboration of eye witness account with depositions of post occurrence..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Accused after attacking deceased with a sharp edged weapon trying to take out windpipe from neck of deceased - This action of accused was weird and abnormal - This clearly shows that accused was suffering from insanity at the time of incident - Benefit of S.84 IPC rightly extended to..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Abnormal/insane behaviour of accused at the time of assault and immediately thereafter is worth notice - Star witness of prosecution stated that accused was fond of deceased and he loved deceased a lot - When accused was arrested, PW14 medically examined him and found that he appeared to..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Accused allegedly surrounded deceased and her daughter-in-law in a pre-planned manner with a pre-determined mind to assault them - Nature of injuries caused to head of deceased with deadly weapons prove that they had assembled with common intention and not merely to threaten her or to deter her from practicing..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Long time gap between alleged last seen and recovery of body - Whether the deceased had in fact gone with accused after which his dead body was found had not been proved - There is no definitive evidence of last seen and also the fact that there is a long time-gap between..........
