Indian Penal Code, 1860, Section 304, 302 -- Intention to cause death - Has to be gathered from several circumstances - One is whether weapon was already carried by accused or it was picked up from the spot - If weapon was picked up at the spot then it is a case of culpable homicide not amounting to murder which comes under S.304 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Victim attacked by a group of persons armed with deadly weapons - Witness cannot graphically describe the nature of injuries and spell out accurately the situs of the injuries on the body of the victim...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Appellant and deceased last seen together - Appellant providing misleading information regarding whereabouts of deceased - Key of room in which dead body of deceased was found recovered from the accused - Trousers of accused had human blood stains - No explanation regarding presence of human..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Tractor and trolley of deceased reached the fields of appellants - Angle of trolley broken - Manure unloaded near fields of appellant - Deceased assaulted by appellants with spade and lathi - Driver of tractor was a natural witness - PW12 working with deceased got injured - Version and conduct of both witnesses natural -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - One of the appellant had given a fatal blow on the head of deceased with lathi due to which he fell down - Thereafter 2nd appellant assaulted deceased with spade on his face causing many injuries which proved to be fatal - Only 2 appellants participated in the assault of deceased and in fact only they shared a common..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Murder - FIR cannot be lodged in a murder case after the inquest has bee held...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Right of self defence - Injuries suffered by accused which were not superficial not explained - Accused also lodged a FIR wherein they explained the injuries suffered by prosecution witnesses and had stated that they assaulted PW's in their self defence - Held, that PW's deliberately with oblique motive suppressed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Extra judicial confession of co-accused - Petitioner was arrested for conspiracy to murder - Petitioner in custody for 9 months - No likelihood of his tampering with prosecution evidence - Also investigation complete and challan filed - Bail granted...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Non disclosing of names of accused - Love marriage - Assailants parents side and victims in-laws side - Killing of four persons including husband - Non disclosing names of accused for 6/7 days as mental condition of woman remained disturbed and unstable for 5/6 days - Thus delay in not..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366 -- Love marriage - Assailants parents side and victims in-laws side - Killing of four persons including husband - Trial Court awarded death sentence - High Court converted it into life imprisonment - Accused already served more than 8 years of their sentences - In the circumstances of case..........
