Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - Allegations that appellants committed murder as deceased was keeping concubine and was not having cordial relations with his wife and children i.e. appellants - Upon failure of prosecution in proving the allegations in charge-sheet against the appellants..........
Criminal Procedure Code, 1973, Section 306(4), 307 -- Approver - Pardon - Kidnapping and murder of child - Pardon granted and direction issued to record his statement - Copy of statement supplied to accused - Charge sheet filed subsequently to recording statement - On recording of statement of approver he becomes a witness - It is not incumbent on Committing Magistrate to..........
Indian Penal Code, 1860, Section 300, 364, 201 -- Conviction on testimony of approver - Kidnapping and murder of child - Dead body recovered on basis of disclosure statement of one of appellants - Appellants also gave information about place from where they kidnapped child - Testimony of approver reliable - Approver subjected to lengthy cross examination - Circumstantial..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Murder - Exception 4 of S.300 can be invoked if death is caused : (a) without premeditation, (b) in a sudden fight; (c) without the offender's having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed - To bring a case within Exception 4 all the..........
Indian Penal Code, 1860, Section 300 -- Murder - By strangulation - Presence of accused at spot proved - Accused offered no explanation for his presence on spot at relevant time - Testimony of eye witnesses unimpeachable - Minor contradictions not fatal to prosecution case - Testimony of eye witnesses corroborated by medical evidence showing that deceased died due to..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 253(2) -- Murder - Sentence - Murder of wife for usurping property - It can not be conclusively said that murder of wife for usurping property is a particularly rarest of rare incident - It could, of course, be a rare incident - Accused more than 64 years old and in custody for 16 years - Death..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - Quarrels between parties - Appellants were not involved - Accused No.1 may have grudge against deceased - Injury caused to deceased during scuffle - Accused No.2 caused only one serious stab injury - Nobody used any weapon with much force - Appellants wholly unarmed and not known to deceased and no..........
Indian Penal Code, 1860, Section 302 -- Murder - Of a policeman by another policeman - Defence version that deceased was a homosexual and a sodomist - Deceased dragged the accused to bushes to commit sodomy and accused fired shots from service rifle - Defence version not believed - Deceased being an able bodied person was maintaining standards regrading health, physique,..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 376(2)(f) -- FIR - Delay - Rape and murder - Delay in lodging FIR in a case of sexual offence is not at all fatal as parents and members of the family of the victim of rape, etc. show their reluctance in going to Police Station/Court...........
Indian Penal Code, 1860, Section 302, 376(2)(f) -- Rape and murder of girl aged five years - Death penalty - Accused not a criminal or dare-devil - Nothing on record to show that his antecedent has not been good and is history sheetor - Accused aged about 27 years - Accused did not escape after committing crime - Accused made no attempt to run away from the hospital also -..........
