Indian Penal Code, 1860, Section 302 -- Murder - Proof - Ocular evidence supported case of prosecution - As per medical evidence deceased died due to drowning and strangulation - Plea of accused that deceased died due to suicidal hanging cannot be accepted for reason that her body was not found stretched - Mere act of bringing his wife to hospital cannot absolve guilt of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Conviction - Validity - Accused persons alleged to have killed deceased by strangulating him with help of lathi - Incident occurred in a dark night - Theory of holding torch by witness appears to be inserted in his Court evidence as same did not find place in case..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Circumstantial evidence - Deceased was taken by accused along with pilgrims for purpose of cooking - Evidence of taxi owner shows that accused persons mercilessly beaten deceased while travelling - Missing report of deceased lodged by family members upon getting information..........
Indian Penal Code, 1860, Section 302, 304(Part II) - - Murder - Culpable homicide not amounting to murder - From nature of injuries found on person of deceased it cannot safely be said that accused assaulted deceased with intention to cause such injury so as to cause death - It appears that accused persons were upset by poor quality of food cooked by deceased and,..........
Criminal Procedure Code, 1973, Section 374 -- Murder case - Appeal against conviction - Without proper analysis of evidence almost in a summary way High Court dismissed appeal - Held, such disposal of criminal appeal by High Court particularly in a case involving charge u/s.302 IPC where accused is sentenced to life imprisonment unsatisfactory - It was necessary for High..........
Evidence Act, 1872, Section 7, Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Deceased last seen with accused two days prior to date of incident - Held, time gap is not long and circumstances pertaining to theory of last seen deserves acceptance...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Order of acquittal - Interference by superior court - Held, in exceptional cases where there are compelling circumstances to interfere and judgment under appeal is found to be perverse, appellate Court can interfere with order of acquittal - Appellate Court should bear in mind..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder on ship by co-crew member - Circumstantial evidence - Post mortem report reveals about 14 stab wounds on neck - No blood found on dress of appellant or on scene of occurrence - No explanation from prosecution side as to why clothes of appellant were not seized - Two blood-stained knives were..........
Indian Penal Code, 1860, Section 149, 300 -- Murder - Unlawful assembly - Proof - Held, for resorting to provisions of S.149 IPC, prosecution has to establish that - (i) there was an assembly of five persons - (ii) assembly had a common object - (iii) said common object was to consist one or more of the five illegal objects specified in S.141 IPC - In present case, there..........
Indian Penal Code, 1860, Section 302 -- Murder - Injuries on person of accused - Non-explanation - Effect - Non-explanation of serious injuries on person of accused may be fatal to the prosecution case - But where injuries sustained by accused are minor in nature, even in absence of proper explanation of prosecution, story of prosecution cannot be disbelieved...........
