Indian Penal Code, 1860, Section 302, 149 -- Unlawful assembly - Common object - Murder - All the 5 accused carried formidable weapons, broke down the wall, entered the house and killed two children due to a long standing enmity - Shows that accused formed unlawful assembly with common object to commit the murder...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Appeal against - Appellant armed with knife with three more unidentified assailants, one of whom armed with knife and other two with lathis, assaulted deceased in the field at about 12-1 O'Clock - Two sons of deceased woke up on hearing shouts and they alongwith PW3 arrived on spot and saw assailants leaving place -..........
Indian Penal Code, 1860, Section 84, 302 -- Murder - Plea of insanity - After arrest accused dashed his head against iron bars of prison and a case was registered but the plea of insanity was rejected - Plea of insanity negatived on the ground (1) Accused entered into place of incident concealing the axe under his clothes and after inflicting injury on the head he fled..........
Indian Penal Code, 1860, Section 302 -- Murder - Sole eye witness - Shot fired from country made pistol on chest of deceased who died on spot - Police constable sole eye witness - No blood found on spot nor any blood stained earth lifted which renders spot of incident doubtful - Fire shot when appellant was catching hold of deceased by his shirt collar but absence of..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Reversal of conviction - High Court reversed conviction on grounds of discrepancy in the time and place of occurrence, delay in forwarding FIR to the Magistrate and doubt about source of light in order to identify the accused - Held, using mild expression and standard of..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Circumstantial evidence - Accused and deceased going together on scooter - Death from fire arm, fired from short distance - No injury to accused when both were on same scooter - No scratch on scooter - Scooter switched off and key removed - Blood found under stepney but not a drop on stepney - Marks on kachcha road..........
Indian Penal Code, 1860, Section 376, 34, 302, 34, Criminal Procedure Code, 1973, Section 273, 299 -- Appellant absconded when trial took place against other three accused - Eight prosecution witnesses examined - Three other accused acquitted - Appellant arrested and put on trial - Appellant himself moved application to consider evidence of eight witnesses without calling..........
Indian Penal Code, 1860, Section 302, 34 -- Appellant No.1 and his wife convicted for murder of brother of appellant No.1 - Both appellants assaulted deceased and his cries attracted sister of deceased and her daughter and both were eye witnesses - Eye witnesses deposed about assault on deceased by both appellants - Weapons bearing blood-stains recovered at instance of..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 201, 34 -- Death within six months of marriage at matrimonial home - Two written drying declarations recorded by police immediately after deceased was brought to hospital and one recorded by Executive Magistrate - In all these statements deceased disclosed that she caught fire while preparing tea - Two brothers of deceased..........
Indian Penal Code, 1860, Section 302, 201 -- Conviction of A1 and acquittal of others - Murder of mother-in-law of PW7 - Prosecution case primarily rested upon sole testimony of PW7 an approver - Conviction cannot be based on uncorroborated testimony of approver - Confession by PW7, preceded the pardon whereby she became approver, was wholly exculpatory - No reliance could..........
