Indian Penal Code, 1860, Section 304I, 302 -- Accused and deceased were neighbours and drinking companions - Accused had quarrel with his father where deceased intervened - This annoyed the accused who gave one stab injury with knife to the deceased - Held, it cannot be said with certainty that the accused intended to cause the very injury that he inflicted - Conviction of..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder case - Prosecution case resting on circumstantial evidence - Accused person husband and his mother and sisters - Relations between accused and deceased wife strained - Conviction upheld on the basis of following circumstances : (1) Independent witnesses stated that due to inability of the..........
Indian Penal Code, 1860, Section 302, 34 -- Six accused prosecuted for offence u/ss 143, 451, 323, 324, 355, 504, 506, 302, 109 & 149 IPC - Acquittal of four and conviction of two by trial Court - High Court convicted four of the accused - Accused who gave a chappal blow only convicted u/s 323 IPC and his conviction upheld - Accused N, who since died, was the first to..........
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 302, 376 -- Expert witness - Rape and murder - DNA of the semen stains on the swabs and slides and the underwear of the deceased and the blood samples of the accused from single source and the source was accused - Trial court gave adverse findings on the accuracy of DNA test by referring to large number of..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Statement of accused u/s 313 Cr.P.C. - Object is to establish a direct dialogue between the court and the accused - Omission on the part of trial court to put question of an inculpatory material in the prosecution evidence - Held, it will not ipso facto result in the..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 376, 302 -- Motive - Rape and murder - Case based on circumstantial evidence - Held, motive assumes great importance in cases of circumstantial evidence - It goes a long way in forging the link in the chain...........
Indian Penal Code, 1860, Section 302, 201 -- Offence u/ss 302, 201 IPC - Disclosure statement of accused as to place of occurrence and existence of stones was already in the knowledge of police as such same rendered useless - Recovery of wrist watch, silver chain and identification of clothes of deceased not supported by prosecution witnesses - Evidence of last seen only..........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 302, 34 - - Conviction - Murder - Principle of `uno falsus uno omnibus' - Held, this principle is not applicable in India - In present case, merely on the ground that in respect of two accused, witnesses did not support prosecution story, it cannot be said that they are lying as against other two..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6(2), Indian Penal Code, 1860, Section 342, 364, 363, 366, 506, 302, 201 -- Juvenile - Bail - Offence u/ss 342, 364, 363, 366, 506, 302 & 201 IPC - Accused declared a juvenile - Bail application filed by accused forwarded to Juvenile Justice Board for disposal - Plea of accused that Sessions Judge is..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Strong motive to commit murder - No motive for PW1 to implicate the accused in false case - PW1 gravely injured in the occurrence - Her presence at the scene of occurrence beyond doubt - FIR lodged promptly by sole eye witness - Non examination of witnesses who came to the spot after assault not fatal to prosecution..........
