Indian Penal Code, 1860, Section 302 -- Murder - Delay in lodging FIR not explained - Averments of FIR as regarding injuries sustained by deceased do not match with post-mortem report - I.O not found other persons guilty after investigation - Complainant not mentioned names of eye witnesses in FIR and even motive of crime not specifically alleged in FIR - PWs introduced..........
Indian Penal Code, 1860, Section 302, 120B -- Defective investigation - Murder - Investigation of case was carried out either with pre-conceived notions or with a particular result in view - Omissions on part of investigating agency cannot be ignored as mere oversight - Omissions perforce give rise to adverse inference against prosecution...........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Death whether homicidal or suicide - Deceased was done to death by strangulation and thereafter his dead body was hanged from ceiling fan in the room - Death in question is thus, homicidal in nature...........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Circumstantial evidence - Accused being wife of deceased and staying under same roof, was last person deceased was seen with - Deceased was regularly on tour for longer durations of about two weeks in connection with his duties - Last seen theory cannot be operated against accused only because she..........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Acquittal of co-accused - Gruesome act in question was not the handiwork of one person and it would be rather preposterous to assume that accused hanged dead body by ceiling fan all by herself - If alleged corroborators of accused are acquitted, already existing clouds of doubts on prosecution story..........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Circumstantial evidence - Subsequent conduct of accused - Accused neither concealed herself nor altered scene of crime in any manner and there was no evidence about any oddity in her manners and demeanour - Assertion of sister of deceased/PW8 that accused was enjoying tea after the incident, is not..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 32 -- Murder of husband by wife - Dying declaration - Deceased allegedly made statement before PW7 regarding apprehensions by deceased - Said statement made before 3-4 days of incident - Such statement could not be taken as dying declaration, as deceased was not making such statement when he was..........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Circumstantial evidence - Testimony of PW7 & PW8 - No direct and cogent evidence on record that accused was involved in illicit relations or was forcing deceased to transfer property as alleged by PW7 - Strong elements of doubt surface on record as regards reliability of PW7 & PW8 - No evidence on..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Dead body of deceased found from well - Death resulting from asphyxia includes death due to hanging, strangulation, suffocation and drowning - Since drowning is stated to be after death and no contrary evidence suggesting any hypothesis is available, nature of death was homicidal - Eye witness PW3 turned hostile -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 323 -- Quashing of proceedings - Offence u/ss 498-A, 406, 323 - Court under exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to analyze factual evidence, which is a subject of trial Court - Since complaint discloses offence in question, application for quashing rejected...........
