Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302 -- Murder - Proof of - Informant, before going to police station for lodging FIR, met the witnesses but none of them disclosed name of accused to him - FIR was lodged against unknown persons - Prosecution has failed to furnish any explanation as to why names of accused persons were not..........
Criminal Procedure Code, 1973, Section 482 -- Charge framed u/s 302 IPC on considering statement of witnesses of PWs 1, 2 & 3 on which trial Court has summoned the applicant in exercise of power u/s 319 Cr.P.C. - Said witnesses made specific allegations of committing the murder against the applicants - No illegality in framing charge - Application dismissed...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Essential ingredients are : (i) that the death of a human being was attempted; (ii) that such death was attempted to be caused by, or in consequence of the act of the accused; and (iii) that such act was done with the intention of causing death; or that it was done with the intention of causing such bodily injury..........
Indian Penal Code, 1860, Section 304 -- Nature of offence - Conviction u/s 302 IPC - Intention to commit murder not established - Merely on seeing his father and brother grappling with deceased, accused No.1 gave axe blow to deceased which could not be said to be intended towards the head - It could have landed anywhere - However, it landed on the head of deceased -..........
Indian Penal Code, 1860, Section 300 -- Culpable homicide is not murder if the offender, whilst deprived of the power of self control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident subject to : (1) That the provocation is not sought or voluntarily provoked by the..........
Indian Penal Code, 1860, Section 300 -Clause Thirdly - Culpable homicide - For applicability of S.300 thirdly prosecution must prove : (1) it must establish, quite objectively, that a bodily injury is present; (2) the nature of the injury must be proved; These are purely objective investigations; (3) it must be proved that there was an intention to inflict that particular..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal - Deceased was lying in burning condition inside the room which was bolted from inside - Trial court acquitted accused by holding that possibility cannot be ruled out that deceased had committed suicide - Held, reasoning assigned by trial court acquitting respondents/accused is cogent - Appeal..........
Indian Penal Code, 1860, Section 302, 149 -- Death sentence - Rarest of rare cases - Mitigating circumstances - There was murder of six members of a family including helpless women and children - Trial Court convicted and imposed death sentence on all the accused for offences u/s 302/149 IPC - In appeal High Court converted death sentence of two appellants to life..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on circumstantial evidence - Accused and deceased were last seen together - Accused and deceased had enmity - Accused absconded after the murder - Conviction sustained...........
Indian Penal Code, 1860, Section 326, 307 -- Grievous hurt - Attempt to murder - Proof - Accused persons alleged to be armed with chain, gandasa and hockey sticks assaulted victims by stopping tempo in which they were traveling - They were mercilessly beaten and attack was also so severe that all other passengers sitting on tempo ran away from spot and none came forward to..........
