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..........
Indian Penal Code, 1860, Section 302, 323, 201, Criminal Procedure Code, 1973, Section 227 -- Murder - Discharge - Death of deceased was natural as per expert witness who carried out postmortem on the body of deceased - No external injuries found on the body of deceased - No material to proceed against accused in private complaint filed by father of complainant - Accused..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge u/s 307 IPC - No grievous injuries have been caused to injured and injured received simple injuries - Two necessary ingredients i.e intention of or knowledge relating to commission of murder and doing of an act towards it are missing - Trial Court committed an error in framing charge for offence u/s 307 IPC -..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Compromise arrived at between parties - No accused has been declared proclaimed offender - Accused are aged about 45 and 46 years respectively and belong to poor strata of society - They are not previous convicts and suffering ignominy of trial for last more than 2 decades - Even, after..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 324, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner was earlier declared as innocent and he has already been summoned to face trial u/s 319 Cr.P.C - Conclusion of trial may take long time, as out of total 25 PWs only 9 have been examined - Bail granted to petitioner...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - For trial u/s 302 IPC, if a witness is branded as untrustworthy having allegedly twisted facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness...........
