Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence - Proved from evidence on record that the gun-shot which proved fatal to the deceased had been fired from the licensed gun belonging to the accused - If the accused had no intention to cause the death of deceased, he would not have returned after 15 minutes with the loaded gun - Injuries sustained by..........
Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 302 -- FIR - Lodged by accused himself after committing the murder of his wife - Contents of FIR not admissible in evidence as contents are confessional in nature - Statement made before police officer is hit by S.25 of Evidence Act - Statement of accused in FIR that his wife abused him and provoked him at..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - It is very week type of evidence - But if at the same time, if the complete chain is made out by such circumstances to connect the accused with the commission of crime, the accused person can safely be held guilty for the offence - Taking into consideration that the recoveries got effected in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Investigation Officer -Non-examination of - Found to have gone abroad - Part of his examination has been well-proved in the statements of other official witnesses - Non-examination of this Investigating Officer cannot be termed as fatal to prosecution case...........
Indian Penal Code, 1860, Section 302, 97, 98, 99, 100, 101, 102, 103, 304 -- Part I - Lathi blow on head - Death on spot - Appellant and other accused not aggressors - If they were not aggressors then plea of right of private defence is available to them - Non explanation of injuries on the person of accused - Gives rise to credibility to the defence as regard exercise of..........
Indian Penal Code, 1860, Section 302, 34 -- Mutual fight - Appellant A5 picked up a bamboo stick and starting beating PW1 - Deceased intervened - Appellant A1 dealt with dao blow on occipital region of deceased - Conviction with aid of S.34 IPC - Common intention is pre mediated meeting of mind and such common intention could be formed on spot - Appellant A5 cannot be said..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 8 years child - Death sentence - Quality of evidence may be taken into account for determining whether a sentence of life or death would be more appropriate...........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 8 years child - Circumstantial evidence - Where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused - The circumstances from which an inference as to the..........
Indian Penal Code, 1860, Section 302, 34 -- Assault by three accused with knife and lathies - PW1 son of deceased PW3 who was to appear as witness for deceased in Court on date of occurrence, claimed to be eye witnesses as they were following deceased at some distance - False implication could not be ruled because of enmity - Presence of PW1 appeared doubtful - PW1..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 325, 323, 302, 34 -- Bail - Accused in custody since March, 2005 - Bail granted without expressing any opinion on merits of the case...........
