Indian Penal Code, 1860, Section 302, 324, 34 -- Sole injury in abdomen with knife - All layers of abdomen pierced resulting in peritonitis - Death not because of jaundice - Evidence of witnesses and other link evidence proves offence of murder as there is no explanation for piercing knife in abdomen - Other accused catching hold of accused do not prove common intention as..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Allegation that husband and in-laws assaulted deceased, set her on fire by pouring kerosene - Father of deceased an elderly person from same village narrated how deceased was humiliated and harassed at the instance of the accused - Dying declaration made by the deceased found reliable - Certain discrepancies were..........
Indian Penal Code, 1860, Section 302 -- Murder - Appellant and few others armed with deadly weapons allegedly attacked informant and his associates - Eye witnesses including the injured eye witnesses referred to the involvement of the appellant and others, their overt act and the weapons used by them - They also narrated how appellant chased accused and ultimately caused..........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Murder of wife by husband - Possibility of children present in the house at the time of murder not ruled out - Non examination of any children - Adverse inference drawn that had the children been examined they would not have supported the case of prosecution...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Accused himself went to police station and reported incident including motive for murder - Two public persons were present there - Not a extra judicial confession - Trial Court finding that since deceased was murdered in her matrimonial house, S.106 of Evidence Act made it incumbent upon accused to furnish..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Murder of three persons committed in Manipur State - Case investigated by CBI - Case transferred from Manipur to Delhi as there is apprehension of social unrest and communal tension between two communities, possibility of physical attack on accused, risk of intimidation of the witnesses, CBI arranged for..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife in the house - Accused and deceased alone in the house at the time of occurrence - Held, undoubtedly when any fact is specially within the knowledge of any person, burden of proving that fact is upon him - But for applicability of this principle, husband must be the only person with the..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Murder of three persons committed in Manipur State - Case investigated by CBI - Case transferred from Manipur to Delhi as there is apprehension of social unrest and communal tension between two communities, possibility of physical attack on accused, risk of intimidation of the witnesses, CBI arranged for..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Conviction of accused in a murder case based on dying declaration made before Investigation Officer - Sentence suspended during pendency of appeal...........
Circumstantial evidence -- Rape and murder - Accused was elderly person and called and treated as Dada by deceased - Accused got recovered Lungi bearing blood stains - Strong piece of evidence pointing towards guilt of accused...........
