Indian Penal Code, 1860, Section 302 -- Murder of pregnant wife by husband - Circumstantial evidence - Accused attacked deceased with a wooden log and caused her death because of homicidal violence - He himself took deceased to hospital and made a false statement that she suffered a cardiac arrest which was found false after post mortem report received - It is accused who..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Cause of death as per post mortem report is electric shock - Apparent inconsistencies, inaccuracies and inherent improbabilities in the statements of witnesses related to deceased - Other PWs turned hostile - Oral evidence of I.O is totally vague and devoid of particulars - There is no eye witness to incident -..........
Indian Penal Code, 1860, Section 302, 304(Part I), 326 -- Nature of offence - Accused did not come with arm - There was altercation between deceased and accused - Accused had knowledge that injury would cause death - Considering evidence of witnesses and medical evidence including post mortem report, there is no doubt in guilt of accused - Case of accused thus, fall u/s..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs 2 and 3 turned hostile to prosecution case - No evidence regarding extra judicial confession made by accused - However, such component of evidence has been taken into consideration - No evidence on record to show that deceased died a homicidal death as Doctor who conducted postmortem examination has..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Death within seven years of marriage - Forcible poisoning - Accused acquitted : (i) In a case of forcible poisoning, by using a corrosive poison, there will be some marks but in the instant case there are no marks of injury at all on the person of deceased; (ii) Prosecution not able to..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Death by negligence - Accused are well qualified doctors - No material on record that death of daughter of complainant is direct result of rash and negligent act of accused and such act is proximate and efficient cause for death - Even, there is no material to show reckless state of mind qua accused with..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by burning - Accused made confessional statement before CJM that it was he who lit his wife with a help of lighter from her ankle - Said statement of accused is corroborated by evidence of PWs and not retracted by accused - Post mortem report also corroborates the fact that deceased suffered first..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of two eye witnesses consistent, truthful and unambiguous - Eye witnesses have given a detailed account of occurrence and they are worthy of credit - Post mortem report tallies with ocular version - Seven ante mortem injuries were noted by Doctor due to which deceased died - Prosecution proved its case - Accused..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred at the spur of moment and was a fall out of an altercation over excavation of a mound by brother of accused - Son of PW1 intervened in the course of altercation and was fired at resulting in a single fire arm injury leading to his death - Eye witness account of occurrence was based..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304, 201 -- Delay in lodging FIR - Offence u/ss 304, 201 IPC - Complaint filed after 18 days of incident - No post mortem examination report on record to establish cause of death of deceased - Delay in lodging complaint gains significance...........
