Indian Penal Code, 1860, Section 302 -- Murder - Non examination of IO and Doctor who conducted autopsy over dead body - No explanation for their non examination - Unreliability of evidence of PWs 5, 6 & 7 sufficient to discard the prosecution version - Acquittal by High Court - Calls for no interference...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Discrepancy in ocular and medical evidence - Glass bottle filled with petrol ignited and thrown at deceased - Report of doctor that there were no injuries by glass pieces - Delay in lodging FIR - Delay in sending FIR to Magistrate - Acquittal of appellants by High Court confirmed...........
Indian Penal Code, 1860, Section 302, 149, 143, 144, 147, 148, 506 -- Benefit of doubt - Presence of appellant not established - Only role attributed to appellant is that he caught hold of the deceased while facilitating the assault by others - Positive stand of appellant that he was not in the village - Trial Court and High Court came to conclusions based on surmises that..........
Indian Penal Code, 1860, Section 302 -- Murder - Life imprisonment - - Accused admitted his guilt and upon his statement recovery of articles made - Prosecution witnesses clearly establishing last seen theory - Conviction of accused proper...........
Indian Penal Code, 1860, Section 302 -- Murder - Attack followed altercation without intention to murder - Accused were not armed with deadly weapons - Offence converted from S.302 IPC to S.304 Part II IPC...........
Indian Penal Code, 1860, Section 302, 452, 504 -- Conviction - Presence of PW2 who was widow of deceased and PW3 who was son of deceased at the spot is quite natural because occurrence took place inside the house of deceased - Only minor discrepancies in their testimony - Testimony of PW2 corroborated by medical evidence - Also held that relationship is not a factor to..........
Indian Penal Code, 1860, Section 302, 84 -- Insanity - Burden of proof - Every person who is mentally deceased is not ipso facto exempted from criminal responsibility - Court is concerned with legal insanity and not medical insanity - Burden of proof rests on accused and is not so onerous as that upon the prosecution to prove that the accused committed the act with which..........
Indian Penal Code, 1860, Section 302, 326, 34 -- Murder -Two accused - One of the accused gave Drat blow on head which proved fatal and convicted u/s 302 IPC - Other accused gave lathi blow on non vital parts of body of deceased - Conviction altered from S.302 IPC to S.326 IPC...........
Indian Penal Code, 1860, Section 302, 34, 392, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - High Court set aside conviction of accused upon finding that PWs.1 & 2 had occasion to see photographs and read the name of the accused from newspaper prior to T.I.P - Even, evidence of another witness is at variance with that of PWs.1 & 2 which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Accused in jail since 25.11.2007 - Bail granted without going into merits of case...........
