Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Ranbir Penal Code, 1989, Section 302, 34, 201, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/Ss. 302, 201, 34 and Ss.4, 25 Arms Act - Petitioner in custody for seven years - Even, co-accused died during pendency of trial - Moreover, entire prosecution case based on circumstantial evidence - Further, material..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Sequence of events as narrated by PWs does not show that there was any intention on the part of appellant to cause death of deceased - No knowledge can be imputed to appellant that injury could in ordinary course of nature be sufficient to cause death - Appellant thus, liable to be convicted u/s 325 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Assailant used knife and inflicted serious injuries on the body of deceased, including below the belly - Appellant thus, was liable to be attributed with knowledge that injuries which he was to inflict by using weapon in hand, would be sufficient to result into death in ordinary course - There was an..........
Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased stated that appellant, her aunt-in-law, set her ablaze - Doctor stated that deceased was conscious and was in a position to speak at the time of making declaration - Medical Certificate of deceased states that whole body and clothing having kerosene smelling had burns about 100% - Panchnama,..........
Indian Penal Code, 1860, Section 302, 149, 307 -- Offence u/ss 302, 149, 307 IPC - Conviction - Accused stood armed with sharp edged deadly weapons committed the murder of `B' and `D', while in order to achieve their common intention, they had also inflicted such injuries on the physical person of `BA' knowing fully well that had `BA' died on account of the said injuries..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Conviction for murder can solely rest on circumstantial evidence if chain of circumstances is complete and consistent only with hypothesis of guilt of accused...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - When an accused offers a false explanation regarding cause of death which takes place within confines of his house, such falsity becomes an additional link in the chain of circumstances pointing to guilt of accused...........
Indian Penal Code, 1860, Section 302, 304B, 498A, 201 -- Murder - Circumstantial evidence - Allegation against father-in-law - Conviction upheld for following reasons: (i) unnatural death of deceased which was not accidental but homicidal as established from medical evidence; (ii) death occurred inside the house occupied by accused which was under his control; (iii) FIR..........
Indian Penal Code, 1860, Section 302, 149, 147, 148, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Petitioner was 12 years 5 months old on the date of incident - Victim died as a result of multiple injuries caused by use of knife as well as lathis - No specific role attributed to petitioner - Petitioner has suffered..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by poisoning - Court must carefully scan evidence and determine four important circumstances which alone can justify conviction i.e. : (i) there is a clear motive for an accused to administer poison to deceased; (ii) that deceased died of poison said to have been administered; (iii) that accused had poison in his..........
