Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Prosecution must prove following four circumstances in case of murder by poisoning: (1) there is a clear motive for an accused to administer poison to the deceased; (2) that the deceased died of poison said to have been administered; (3) that the accused had the poison in his possession; (4) that he had an..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Motive of crime not proved - None of PWs had any personal knowledge about alleged incident and about the cause of the deteriorating health condition - Doctor who carried out post mortem of deceased had not given any opinion on cause of death - Prosecution even failed to conclusively prove that substances found..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was an alcoholic and he used to misbehave not only with his wife but also with her family members - Incident occurred inside the house when accused lost his self control on account of persistent provocation and suddenly thrashed accused/son-in-law with bamboo stick - Deceased was living as a ghar..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witness - Presence of PW1 at time of occurrence is doubtful - PW1 stated in his cross-examination that when he came to bus stand, he saw police there and they obtained his signatures on typed complaint - Merely because PW1 stated in his examination-in-chief that a person by name of accused stabbed deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained clothes of accused - Blood stains were found on the clothes of accused - No explanation given by accused for the same - Involvement of accused in the occurrence thus, drawn - However, when two views are possible that testimony of eye witness not believable and blood stained clothes of accused points..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
