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...........
Criminal trial -- Plea that an assailant will not leave behind weapon of murder while running away - Contention repelled - Accused not hard criminal and thus was not conscious that recovery of murder weapon will strengthen the prosecution story - Secondly on cries of deceased his parents and others came on the scene and it is probable that accused in his anxiety to escape..........
Indian Penal Code, 1860, Section 302 -- Murder - Question whether offence culpable homicide not amounting to murder - Circumstances - Accused auto driver had sudden altercation with deceased over parking of auto in street - Accused inflicted single blow by ordinary kitchen knife on chest under impulse of anger - Blows not repeated - Held, act of accused amounts to culpable..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Culpable homicide not amounting to murder - For conditions to be satisfied to bring the matter within Exception 4 are : (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in the heat of passion; and; that (iv) the assailant had not taken any undue advantage or acted in a cruel manner...........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Single knife blow inflicted on the abdomen of deceased which resulted into his death - Accused guilty of murder - Exception 4 of S.300 IPC does not apply as there was no sudden quarrel as it was unilateral act on the part of accused who lost temper and inflicted knife blow and accused took undue advantage as he..........
Indian Penal Code, 1860, Section 302 -- Murder - Case resting on circumstantial evidence - Dead body of deceased found in jungle with wounds - Circumstance of deceased last seen with the accused as playing cards, surfaced for the first time 11 days after the death - Time of murder of deceased not proved beyond reasonable doubt as first opinion of the doctor was that death..........
Indian Penal Code, 1860, Section 302 -- Culpable homicide not amounting to murder - One knife blow on stomach with knife of 12 cm blade - Opportunity was there to inflict many more blows - Knowledge has to be imputed to accused that there was every likelihood of an injury being caused which could result in the death of the deceased - Offence committed is culpable homicide..........
