Criminal Procedure Code, 1973, Section 319, 482 -- Triple murder - Summoning of additional accused - Challenge thereto - Petitioner summoned as additional accused by Magistrate after rejecting final report submitted by investigating agency - Magistrate considered affidavits of witnesses and evidence collected by investigating agency and passed a detailed order - Held, no..........
Indian Penal Code, 1860, Section 390, 300 -- Robbery and murder - Both taking place at same time - Soon thereafter someone found in possession of looted property - No explanation offerered therefor - That person can be held to have committed robbery and also murder in whose house he had entered to commit robbery...........
Indian Penal Code, 1860, Section 304 Part II -- Nature of offence - Murder - Four accused - Kulhari blow given on head and other injuries on other parts of body - Deceased died on spot - Doctor not opined about nature of injuries - Doctor did not state as to whether injuries were sufficient to cause death in the ordinary course of nature or not - Conviction u/s 302 cannot..........
Indian Penal Code, 1860, Section 302, 460 -- Murder by house-breaking at night - Offence committed is u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death due to injury inflicted by one accused - Evidence establishing common intention of all accused to kill deceased - Each accused who participated in incident is liable for offence of murder...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - May develop at the spot - Acting on exhortation made by others, appellant actively participated in the occurrence - He was carrying a dangerous weapon and assaulted deceased as well as another - Held, appellant was having common intention...........
Hindu Succession Act, 1956, Section 25 -- Inheritance - Murderer disqualified - Widow prosecuted for murder of her husband - Acquittal of widow in the criminal case - Held, widow is not disqualified from succeeding to the state of her deceased husband...........
Indian Penal Code, 1860, Section 300 -- Thirdly - Under clause thirdly of S.300 IPC, culpable homicide is murder, if both the following conditions are satisfied: i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be inflicted is sufficient in the..........
Indian Penal Code, 1860, Section 300 -- Illus.(c) - Murder - If the intention of accused is limited to infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder...........
Indian Penal Code, 1860, Section 302 -- Murder - No eye witness - Evidence of wife of deceased that she last saw her husband going with a male and female and a child - Said persons not previously known - Description sufficient to establish their identity never disclosed - Test identification parade not held - Conviction set aside...........
