Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 11 -- Murder of wife by husband - Plea of alibi - There is overwhelming evidence of PWs which establishes the prosecution case that the accused was at the place of occurrence and ran away therefrom soon after the incident - Moreover, accused unable to explain why he failed to render assistance to his..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of father and wife of deceased who are natural witnesses of scene of offence is reliable - Post mortem report of deceased fully corroborated the ocular testimony of these PWs - Incident occurred just outside the house of deceased - One chappal of accused was recovered from the spot -..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence,..........
Evidence Act, 1872, Section 11, 114 -- Plea of alibi - Not proved - Adverse inference not to be drawn - It is an event that by itself will not fulfill legal requirement of prosecution having established the proof of guilt of accused beyond reasonable doubt...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - Gunshot injury - All eye witnesses of incident turned hostile - There was thus, absolutely no evidence to prove the fact that accused was present at the spot and came with an unlicensed fire arm which he fired in air five times and sixth one injured the deceased - Although six empty..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 11 -- Murder - Death by burning - Plea of alibi - Allegation against sister-in-law (wife of brother of husband) - Accused convicted only on the basis of dying declaration of deceased - However, accused was living separately in a different house with her husband - Vague and cryptic allegations are..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 302 -- Plea of alibi - Murder - Accused not proved to be far away at the relevant time that he could not possibly be present at the place where crime was committed - Evidence led by accused to prove plea of alibi is rather sketchy and does not exclude with absolute certainty the possibility of his presence at..........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- Burden of prove - Murder case - Death occurred in matrimonial home of deceased - Heavy burden is on accused u/s 106 of Evidence Act, to explain as to under what circumstances deceased died an unnatural death in his house - Accused failed to explain the same - Plea of alibi as raised by accused also..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Burden of proof - Accused is only person who was living with deceased - There was no force entry into flat - Burden of proof of special knowledge would be upon accused - History of frequent quarrels between accused and deceased is on record - Accused failed to..........
Indian Penal Code, 1860, Section 304PartII, 34, Evidence Act, 1872, Section 11 -- Offence u/ss 304 Part-II, 34 - Custodial death - Plea of alibi - Accused being police officials apprehended deceased and brought him to police station and he was in custody of A-2 officer-i, charge of police station - Station diary, lock up register and arrest register were fudged to cover up..........
