Indian Penal Code, 1860, Section 302, 498A -- Cruelty and murder - Appeal against conviction - In two dying declarations deceased/wife consistently stated that appellant inflicted blows on her head as she refused to withdraw maintenance proceedings against him - As per evidence deceased was totally unarmed and there was no provocation from her side - As per post mortem..........
Indian Penal Code, 1860, Section 302 -- Murder - FIR lodged after 8 years - Deceased was missing from village for 8 years - Bones of deceased recovered on basis of disclosure statement - Accused convicted by trial Court - Skeleton found sent for chemical examination does not show that the same pertains to the deceased - There were numerous graves of Muslims and thus it was..........
Indian Penal Code, 1860, Section 304 -- Nature of offence - One lathi blow given on head of deceased - Blow was forceful as a result of which deceased died within an hour before he could be taken to the hospital - Although it is a case of culpable homicide not amounting to murder but considering the nature of the injuries which was caused on a vital part of the body, there..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused no.1 had given knife blow piercing through chest and lung of deceased - Act of accused and seriousness of injury clearly shows that accused had intention and knowledge that his act of hitting on vital parts of deceased would definitely cause death - Therefore, guilt of accused is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction of co-accused no.2 & 3 - In absence of any allegations regarding co-accused carrying weapons and in case of serious doubts regarding their presence at place of occurrence - Prosecution story found to be unbelievable - Therefore, co-accused entitled to benefit of doubt - Conviction of accused..........
Indian Penal Code, 1860, Section 302, 367, 34 -- Murder - Appeal against acquittal - Even though there is property dispute existing between parties but in FIR there is no mention regarding the two plots where the incident took place and who was in actual possession of plots - Deposition of prosecution witnesses found to be full of contradictions - As per medical report..........
Evidence Act, 1872, Section 3 - - Murder - Testimony of witness - Approach to be adopted - Held, it is a general handicap attached to all eye-witnesses if they fail to speak with precision their evidence is assailed as vague and evasive - On contrary if they speak of all events very well and correctly their evidence become vulnerable to be attacked as tutored - Both..........
Evidence Act, 1872, Section 8 - - Murder - Motive - Recovery of Rs.4,701/- from body of deceased - There is no evidence to show that amount of money possessed by deceased before his death - Tenor of evidence of eye-witnesses `H' and `K' suggests that appellants were angry at deceased because of his having won entire stake money in gambling and that they were wanting to get..........
Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 154 -- Murder - Statement of eye witnesses - Recording of - Delay of 7 days - Held, delay in recording statement of PW6 is duly explained by PW7 Investigating Officer - Delay which is duly explained by Investigating Officer is neither fatal to prosecution nor creates any doubt about prosecution case...........
Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade - Necessity of - PW2 and PW5 rushed to the spot immediately and apprehended accused on spot and thereafter they took accused to hospital - Held, witnesses identified appellant/accused in court and as there was no need for any test identification parade...........
