Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8, 17, 25 -- Murder - Confession and admission - Distinction - Statement made by accused to police contains admissions as well as confession - Part of statement which does not implicate accused, but is mere statement of facts will only amount to admissions and is admissible in evidence, however, said part of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8, 17, 25 -- Murder - Confession and admission - In the instant case, accused stated before police that he developed friendship and physical relationship with deceased who became pregnant - Said statement is admission and not confession and can by used against accused u/s 8 of Evidence Act - However, second..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 134 -- Murder - Witnesses who took injured to hospital not examined - No adverse inference drawn...........
Evidence Act, 1872, Section 11, 108 -- Murder - Plea of alibi - Burden of proof - Contention of accused that they were not present at place of occurrence - Burden is on accused to establish said fact since it was within their special knowledge...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 157 -- Murder - Delay of two days in sending express report to Magistrate - No adverse affect on prosecution...........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302 -- Murder - Delay in sending report to Magistrate - Where FIR was actually recorded without delay and investigation started on basis of that FIR and there is no other infirmity brought to notice of Court then, however improper or objectionable delay in receipt of report by Magistrate concerned..........
Indian Penal Code, 1860, Section 376, 302 -- DNA Test - Rape and murder of prosecutrix who was pregnant - DNA Test of foetus and blood sample concluded that accused is biological father of foetus - Said fact is relevant to prove guilt of accused - Conviction upheld...........
Indian Penal Code, 1860, Section 302 -- Murder - Medical report - All accused persons had clear intention and motive to kill - Injured witnesses duly demonstrated not only by medical report but also by statements of doctors - Prosecution has been able to establish its case - Conviction sustained...........
Indian Penal Code, 1860, Section 302 -- Murder - Medical report - All accused persons had clear intention and motive to kill - Injured witnesses duly demonstrated not only by medical report but also by statements of doctors - Prosecution has been able to establish its case - Conviction sustained...........
Criminal Procedure Code, 1973, Section 320, 482, 307, 324 - - Compounding of offence - Attempt to murder - Fatal attack with knife in stomach - Recovery of deadly weapons from petitioners points towards their involvement in anti social activities - It is not a case of an attack done in self defence or in heat of moment - Held, compounding of offences cannot be allowed -..........
