Indian Penal Code, 1860, Section 302 -- Murder - Mere fact that co-accused is acquitted is not sufficient to discard the prosecution version in its totality...........
Indian Penal Code, 1860, Section 302 -- Murder - Only witness son of deceased who saw accused dragging his father - Not an eye witness - Suspicion only that accused is the culprit - Suspicion however strong cannot take place of proof - No other evidence - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Rarest of rare case - Accused first wanted to rape or molest deceased and when she resisted he killed her - Crime committed in a fit of passion and does not come within the category of 'rarest of rare' case - Death sentence reduced to life imprisonment...........
Indian Penal Code, 1860, Section 302 -- Murder - FIR lodged after two days of incident - No explanation for delay in lodging FIR - Extra judicial confession a myth - Prosecution version lacking credibility - Acquittal upheld...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To constitute an offence u/s 307 IPC it is not essential that bodily injuries capable of causing death should have been inflicted - Court is to see the intention/knowledge of the accused which is of paramount consideration for constituting such an offence - Injured persons sustained numerous injuries by sharp..........
Indian Penal Code, 1860, Section 302 -- Deceased herself sprinkled kerosene to scare her mother-in-law - Accused took out a match box and set deceased on fire - Accused fully knew that deceased would be burnt to death - Murder was intentionally committed - S.302 IPC is applicable...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PWs 1, 2 & 3 were far away from the field where the alleged incident took place - Identification was practically impossible from such a large distance particularly when the field was obstructed by standing crops of sugarcane which were not less than 6/7 ft. in height - PWs could not have seen the assaults not only..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole eye witness - His presence not corroborated by any witness - He not associated with investigation - Presence of eye witnesses at the spot and his deposition not inspiring confidence - Eye witness not a reliable witness - Conviction set aside...........
Indian Penal Code, 1860, Section 304 Part II -- Nature of offence - Accused suspected fidelity of his wife - Accused assaulted his wife with crowbar on forehead and kicked her on the stomach when she was providing meals to her brother-in-law, and not to accused - Victim died after two days - Accused had no prior motive or intention to murder his wife - Assault was in..........
Indian Penal Code, 1860, Section 302 -- Murder - FIR lodged after so called extra judicial confession - No reference of the same in FIR - No disclosure was necessary for locating the dead body as even a casual search would have revealed the same and articles - Axe stained with human blood but blood group not ascertained - Held, High Court was justified in finding the..........
