Indian Penal Code, 1860, Section 302,149,148,147,379 -- Murder - Appellant Nos.3 and 4 caught hold of deceased and appellant Nos.5 & 6 caught legs of deceased - Appellant No.5 assaulted with Bhala and appellant No.4 gave Phawra blow severing neck from trunk - Evidence of PW2 that report was dictated in his presence of which a part was dictated by him and a party by others..........
Indian Penal Code, 1860, Section 376,363,302Kidnapping -- Rape and Murder of minor girl - It is doubtful that deceased was kidnapped from her bed, when her mother was sleeping on adjoining bed and alarm was not raised either at the time of kidnapping or at any time thereafter - Unexplained delay in lodging the report and failure to produce proceedings of date of incident..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 376,302 -- Rape and Murder of minor girl - Motive - Two months before the occurrence, the appellant was warned not to tease the deceased and a complaint was lodged with her father - Held, motive is a double-edged weapon as it may be cause of crime as well as reason for false implication...........
Indian Penal Code, 1860, Section 376,363,302Kidnapping -- Rape and Murder by administering poison - Bottle of poison was got recovered at the instance of accused - Bottle, admittedly contains Organo phosphorous based insecticide but report prepared by Chemical Analyst and submitted by FSL reveals that deceased died of aluminium phosphide poisoning - Prosecution failed to..........
Indian Penal Code, 1860, Section 376,302,363, Criminal Procedure Code, 1973, Section 154Kidnapping -- Rape and Murder of minor girl - Delay of two days in lodging report and recording statements of witnesses - Held, failure of prosecution to offer even rudimentary explanation for delay coupled with failure to produce police proceedings of the night of incident raises..........
Indian Penal Code, 1860, Section 302, 34, Motive -- Common intention - Murder - One out of the two accused convicted u/s 302 IPC - Appellant convicted u/s 302 with aid of S.34 IPC - Contention that Appellant had no enmity with the deceased - Evidence shows though appellant had brought no weapon with him, but it was appellant who had given first blow on head of deceased..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Physical and mental condition of deceased certified by doctor to be fit to make statement - Presence of kerosene oil in a bottle and also some pieces of wood and match box at the scene of occurrence - Evidence of doctor that lady was put on ground and was burnt - Appellant..........
Indian Penal Code, 1860, Section 304B,302,34, 498A, Dowry Prohibition Act, 1961, Section 3,4, Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Death of husband and wife - Trial Court discarded and disbelieved dying declaration stated by wife - Dying declaration is totally inconsistent with medical evidence as her..........
Indian Penal Code, 1860, Section 302,376 -- Rape and murder - Abrasions, contusions and nail and bite marks on the deceased as well as on the appellant - Clearly show that there was scuffle when appellant tried to rape the deceased - Laceration of vagina and vaginal vault and the hymen was ruptured - Doctor recorded a finding that forcible sexual intercourse was committed..........
Indian Penal Code, 1860, Section 302,376 -- Rape and murder - Conviction - Sentence - No evidence that there was likelihood of accused repeating the crime - Manner in which deceased was raped may be brutal but it could have been a momentary lapse on the part of accused, seeing a lonely girl at a secluded place - He had no premeditation for commission of the offence -..........
