Indian Penal Code, 1860, Section 302, 376, 379 -- Rape and murder - Remaining at spot for a long time after committing crime - Against normal human conduct - Bruises on upper part of penis of accused aged 25 years when prosecutrix was 35 years of age, not possible - Prosecution not able to prove unbroken chain of circumstances - Conviction set aside...........
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 306 -- Rape and Murder - Death sentence - Approver - Death sentence awarded to appellants in a rape and murder case - No eye witness to the occurrence - One of the accused granted pardon and made approver - Approver in his statement did not inculpate himself in offence - He does not qualify..........
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 306 -- Rape and Murder - Death sentence - Approver - Death sentence awarded to appellants in a rape and murder case - Word accomplice means that the person who seeks pardon, or for whom pardon is sought has been an associate connected with the offence - Approver in his statement did not..........
Indian Penal Code, 1860, Section 302, 376(g), Criminal Procedure Code, 1973, Section 306 -- Rape - Murder - Death reference - Appreciation of evidence - `R' does not qualify to be an approver - CJM treating him as an approver, granted him pardon - Prosecution story suffering from glaring infirmities in asmuchas a material witness withheld from trial Court - Adverse..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 302, 201, 392, 506, 34 -- Acquittal - Revision against - In the absence of any legal infirmity either in the procedure or in the conduct of the trial, there is no justification for the High Court to interfere in exercise of its revisional jurisdiction - High Court should not re-appreciate the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Death of wife by kicking and inflicting blows with a cutting instruments on her neck, breast, abdomen and hand - Conviction by trial court - Appeal - Evidence of Doctor that deceased sustained 21 injuries and cause of death was shock as a result of ante mortem injuries to..........
Indian Penal Code, 1860, Section 201, 302 -- Murder - Circumstantial evidence - Recovery of several iron rods at instance of different accused - Blood not found on iron rod recovered at instance of accused B - Blood stains at two places on shirt - Blood of the same group as that of deceased but not proved that it was of blood group of accused N a woman and known to bleed -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 60, Criminal Procedure Code, 1973, Section 293(4) -- Post mortem report - Non examination of doctor who conducted autopsy over dead body - Evidentiary value - Death caused by inflicting injuries - Prejudice caused to defence - Defence denied opportunity to cross examine doctor as to nature of injuries and..........
Indian Penal Code, 1860, Section 302, 201 -- Death by hanging - Noose of scarf on neck - Scarf a soft ligature - May not leave mark on neck particularly when dead body is brought down immediately after death - Father beating daughter as she having relations with a boy - Not a motive of father to kill daughter but may be cause for daughter to end her life - Nothing unusual..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of husband - Plea of insanity - Rejected - Appeal against conviction - To extend benefit of Section 84 IPC, Court must be satisfied that at time of commission of offence, appellant was suffering from mental illness or was in such a state of insanity that she was not capable of understanding consequences of wrongful act -..........
