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, 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 147, 148, 149, 307, 323, 325, 342, 365 -- Attempt to murder - Grievous injuries - Abduction on gun point - All injuries on non vital parts of body - Though accused possessed fire arms but no fire arms used - Ingredients of Section 307 IPC missing - Charge u/s 307 IPC set aside - However, charge under other sections, sustained...........
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, 201 -- Murder - Murder of wife by strangulation - Stand of accused that victim died due to electrocution but later shifted stand that victim committed suicide - Allegations of beating given to deceased by appellant every night - During short span of life deceased subjected to cruelty - Conviction of husband under S.302 IPC and his..........
Indian Penal Code, 1860, Section 302, 304 Part I & Part II -- Murder with Kulhari of brother and sister-in-law - Conviction by trial Court u/s 302 IPC - High Court altered conviction u/s 304 Part I for first murder and u/s 304 Part II with regard to second murder on basis of seizure of lathi from place of occurrence by drawing an inference that deceased might have..........
Indian Penal Code, 1860, Section 302, 364A, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 439 -- Accused a juvenile - Murder for ransom - Accused in jail for 2 years - Accused to be released on bail on an undertaking of his father that he will take care of the petitioner and shall not let him come into..........
