Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole eye witness - His presence not corroborated by any witness - He not associated with investigation - Presence of eye witnesses at the spot and his deposition not inspiring confidence - Eye witness not a reliable witness - Conviction set aside...........
Indian Penal Code, 1860, Section 302, 304 Part I -- Modification of conviction - Wife found having illicit intercourse - Husband cutting wife with knife - Husband acted under grave and sudden provocation - Exception I to S.300 IPC applies - Conviction altered from S.302 IPC to S.304 Part I IPC...........
Indian Penal Code, 1860, Section 304 Part II, 302 -- Nature of offence - Accused got wild when deceased questioned his wife, who is the sister of the accused - Seeing the admonition accused lost control and chased the deceased and set him to fire by pouring kerosene on him - Accused had knowledge that his action is definitely end up in the death of the deceased - It is not..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction based on circumstantial evidence - Body of deceased was found in office of accused - Knife was there on the table with blood stains - Accused unable to explain about the injuries on the deceased - Held, that proof of motive is of no consequence when the evidence is strong and when circumstances speak loudly - Dispute..........
Indian Penal Code, 1860, Section 302 -- Nature of offence - One blow given with knife just below stomach which effected liver - Knife blow given with great force and blade went 6 cm deep and deceased expired instantaneously - Held, accused is guilty of offence u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Injuries inflicted with lathies on vital parts of body - Cause of death cardiac arrest - It cannot be urged that death was not the result of injuries but due to cardiac arrest - Cardiac arrest is only sign or symptom of death - It symbolises the end of life - Offence falls u/s 302 IPC - Conviction altered from one u/s 325 to..........
Indian Penal Code, 1860, Section 302 -- Acquittal of accused - Co-accused similarly placed on same set of facts and on similar accusations be also acquitted - A departure may be made in case where accused had not surrendered after the conviction in addition to not filing an appeal against the conviction - However, after surrender, the benefit of acquittal in the case of..........
Indian Penal Code, 1860, Section 302 -- Murder - FIR lodged after so called extra judicial confession - No reference of the same in FIR - No disclosure was necessary for locating the dead body as even a casual search would have revealed the same and articles - Axe stained with human blood but blood group not ascertained - Held, High Court was justified in finding the..........
Indian Penal Code, 1860, Section 94, 302, Criminal Procedure Code, 1973, Section 378, 374 -- Dacoity in running train - Conviction by trial Court and acquittal by High Court - Acquittal on the ground that no test identification parade was held - Evidence showing that it was accused who had refused to participate in the identification parade - Eyewitnesses identified the..........
Criminal Procedure Code, 1973, Section 374, 378, Indian Penal Code, 1860, Section 394, 302 -- Dacoity in running train - Appeal against acquittal - In a case where admissible evidence is ignored, a duty is cast upon the appellate Court to re-appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really..........
