Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the spur of moment and after some altercation accused took lathi which was lying there and caused injury on head of deceased - Despite fracture injury on head of deceased, he was conscious - There does not appear any intention on part of accused to cause injury which ultimately..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Act of pouring kerosene over a person and then putting him on fire by lighting a match has all ingredients of doing an act with intention of causing death of a person in a gruesome manner - Conviction of accused for offence of murder appears justified - No reason to convert the same into any offence..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Two dying declarations - Murder - 100% burn injuries - Deceased in his second dying declaration before doctor named accused as his assailants and particulars of these persons were fully described by him in statement made to PW16 in first dying declaration only few hours before his demise - Deceased..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Contention of A-1 that he has not been assigned role of pouring kerosene or lighting fire, thus, he cannot be convicted along with A-2 - Contention rejected, as when A-2 threatened deceased and was put on fire, A-1 was with him - Conviction of A-1 u/s 302, 34 IPC remain unexceptionable...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Accused contended that deceased as per his statement had allegedly consumed liquor before being put on fire - However, no such liquor was found in dead body of deceased - Moreover, in such fire injury case, no adverse conclusion can be drawn against statement made by deceased about his having consumed..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Theory of self immolation as also names of other persons, who allegedly reached spot, having come up by way of cross-examination of PW6 - Burden was on accused to establish such theory by cogent evidence - No such attempt was made on behalf of accused to prove any such fact or to examine any such named..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail - Dowry death - Cruelty - Exorbitant demands - Claim for demand not supported by any material evidence - Deceased not coping with stress relating to the examinations and the results - Vivid description as to how deceased had a "loving, caring, hot and handsome husband" - Bail..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Suicide note recovered from body of deceased - There was no possibility of planting suicide note as no relative of deceased was present at the spot - Mere fact that hand writing of deceased was not corroborated did not lead to inference that suicide note was not genuine or untrustworthy...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Allegation in suicide note that accused had beaten deceased a lot that day, not supported by any medical evidence or otherwise - No evidence produced by prosecution to establish that there was any goading, urging or encouragement of deceased so as to constitute abetment to commit suicide - There..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Suicide note - Prosecution has not been able to prove that there was any harassment of deceased on account of any demand for property or any valuable security - None of witnesses have deposed with regard to any demand - Allegation that accused used to beat deceased not established - Further allegation in suicide note that..........
