Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 366 -- Rape and murder - Death sentence - Death sentence can be awarded even in a case of circumstantial evidence...........
Indian Penal Code, 1860, Section 302, 34 -- Common intention - Proof of - Common intention to abduct deceased was developed at the spot - When appellants-accused and unknown person were carrying him, then in furtherance of common intention to abduct deceased his murder was committed by firing shot on him by appellant-accused `R' - Held, act of committing murder of deceased..........
Indian Penal Code, 1860, Section 302, 328, 34 -- Death by poisoning - Conviction by trial Court - Acquittal by High Court - Poison was mixed with Halua - No evidence on record from where Halua came - No forensic examination of Halua which contained poison - No interference in order of acquittal...........
Indian Penal Code, 1860, Section 302, 364, 201, 171, 420 -- Appeal against conviction - No direct evidence to prove murder or motive - Dead body not recovered - It is not clear in what manner murder was committed - Offence of murder not proved - As far as offence of cheating, impersonation, abduction, and causing disappearance of evidence is concerned the same is proved..........
Indian Penal Code, 1860, Section 100, 302 -- Right of private defence - Deceased came to the house of accused and tried to kidnap granddaughter of accused - Accused gave kassi blow resulting in death of deceased - Held, accused exercised right of private defence to save honour of his grand daughter and family - He did not exceed right of private defence...........
Indian Penal Code, 1860, Section 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Circumstantial evidence - PW's categorically admitted that deceased never personally informed him about the alleged harassment by the respondent - PW has also admitted in his cross examination that accused never demanded any money from him directly or personally - He also..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Non explanation of superficial injuries on accused - Non explanation of injuries by prosecution will not affect prosecution case where injuries sustained by accused are minor and superficial or where evidence is so clear and cogent that it outweighs the effect of omission on the part of prosecution to explain the..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Land dispute - Conflicting claims as to ownership of land - On the day of occurrence, accused tried to remove certain pipes from the land - Complainant party raised objection - Accused inflicted injuries to deceased with a spade which proved fatal - Occurrence took place in course of sudden quarrel - It was a..........
Indian Penal Code, 1860, Section 302, 149 -- Common object - Acquittal of large number of co-accused - Not a ground to discard the testimony of trustworthy witnesses...........
Indian Penal Code, 1860, Section 302, 149 -- Conviction - Portion of prosecution evidence is unworthy of credence - Unless prosecution is able to establish its case by acceptable evidence, though in part, the accused can be convicted even if co-accused has been acquitted on the ground that evidence led was not sufficient to fasten guilt on them...........
