Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Appreciation of evidence - Contradictions - Discrepancies in the previous statements of PW5 and PW6 as set up in FIR case as also the statement recorded under Section 161 and 175 Cr.P.C. as against statements in court, cannot be reconciled - Not only name of `R' added in statement in Court but also fatal blow..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased found in the field - Informant (PW5) not eye-witness of the occurrence - Star witness (PW3) of prosecution kept in custody in connection with murder of deceased - Answer given by PW3 evasive - Prosecution failed to explain as to under what circumstances PW3 after his arrest in the capacity of offender..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Causing death of wife by pouring kerosene and lit fire - Dying declaration recorded in hospital by police constable in presence of doctor who certified that deceased was in a fit state of mind to make statement - Corroboration by eye witness who had seen deceased and accused in quarrel and had..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Murder - Dying declaration - Death by burn injuries - Death of wife by pouring kerosene on her and setting her ablaze - Conviction on basis of dying declaration made before Executive Magistrate - Dying declaration recorded by police in presence of brother of deceased - No question put by Magistrate..........
Indian Penal Code, 1860, Section 302, 34 -- One accused caught hold of deceased and another accused inflicted injuries on victim - Victim declared dead when brought to hospital - Conviction set aside by High Court - FIR corroborated by medical evidence - Doctor opined that injuries were sufficient to cause death in ordinary course of nature - Two eye witnesses not examined..........
Indian Penal Code, 1860, Section 498A, 302, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Murder of wife by strangulation - Accused hanged her dead body with a saree to a rafter to screen offence committed by him - Case of prosecution that husband and in-laws subjected deceased to cruelty on ground of dowry - Appellant actually caused death of his wife under..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Deceased a handicapped person - Deceased hit the accused first with a crutch - Accused snatched that crutch and hit the deceased twice, once on his hand and once on his head - Deceased collapsed and died - Limitations of S.437 (1) of Cr.P.C. have got to be read into S.439(1)..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye-witnesses - Prosecution case replete with contradictions and lacunae - Testimony of PW5, an eye witness full of contradictions - His testimony cannot be accepted - Recovery of lathi from the open place does not help the prosecution - Even the IO who was a material witness, not examined - Prosecution failed to prove its..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Deceased in dying declaration stating that accused were armed with Saria, knife and Farsa with which they inflicted injuries on him - Mention about other injuries but injury Nos.7 and 8 which are head injuries in the post-mortem report not mentioned by deceased - The medical evidence does not..........
Indian Penal Code, 1860, Section 302 -- Sudden fight - Injuries inflicted on vital parts of body - Injuries inflicted with an intention to cause death - Injuries inflicted sufficient in ordinary course of nature to cause death - Clause thirdly to S.300 IPC is clearly attracted - Accused is liable to be convicted for the offence u/s 302 IPC - Conviction u/s 302 IPC..........
