Indian Penal Code, 1860, Section 302 -- Murder - Prosecution case that occurrence was witnessed by three eye witnesses - No explanation furnished as to why all the three of them jointly could not resist the accused in attacking the deceased - Conviction set aside...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused known to PWs1 and 2 - Accused named in FIR which was promptly lodged - Appellant pressed neck of deceased and threw acid on him - Manner of incident corroborated by post-mortem report - Statement of PWs1 and 2 consistent and natural - Their presence at the time of occurrence not doubtful - No reason that they will..........
Indian Penal Code, 1860, Section 302, 34 -- Accused can be convicted on the basis of confessional statement of accused persons corroborated by other evidence and circumstances...........
Indian Penal Code, 1860, Section 302, 34 -- Accused can be convicted on the basis of confessional statement of accused persons corroborated by other evidence and circumstances...........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Two dying declarations - One before police and other before Magistrate - No material difference between two - Medical evidence clearly supports the eye-witness account - Deceased had 13 injuries on his person most of them incised wounds which could have been caused with a cutting weapon - Presence of PWs 1 & 3,..........
Indian Penal Code, 1860, Section 304I, 302 -- Alteration of conviction - Murder case - Accused gave injuries from blunt side of Gandasi - Held, if the accused had intention to kill, there was nothing to stop him from using the Gandasi from its true side as that would have made it a much more effective weapon - Conviction u/s 302 IPC altered to one u/s 304 Part I IPC and..........
Indian Penal Code, 1860, Section 376, 302, Criminal Procedure Code, 1973, Section 354, 235 -- Rape with murder - Accused young man of 27 years working as a watchman of a building - Accused committed rape on helpless child of tender age and killed her - Murder was brutal - Trial court awarded death sentence - Death sentence commuted to life imprisonment which was extended..........
Indian Penal Code, 1860, Section 302 -- Death sentence - Rarest of rare case - Deceased burnt to death while sleeping - Intention was not to kill but to teach a lesson to the Missionary about his religious activities, namely converting poor tribals to Christianity - High Court rightly converted death sentence into life imprisonment...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence of relation witnesses - Murder allegedly took place at night at 1.30 a.m. in the house of deceased - Occurrence witnessed by wife of deceased - Held, wife of deceased was natural witness who could be present at midnight in the house - No other witness can be expected in..........
Indian Penal Code, 1860, Section 302 -- Murder committed at midnight in the house of deceased - Wife of deceased the only eye witness to the alleged occurrence - There was long lasting bitterness between the accused and the family of the deceased - Wife clearly stated that she witnessed the occurrence from a very short distance - Held, assuming that there was some..........
