Penal Code, 1860, Section 302 -- Evidence Act, 1872, Section 32 - Murder - Dying declaration - Conflicting dying declarations - Appreciation of evidence - Wife allegedly set on fire by husband - Succumbed to her burn injuries - Two inconsistent dying declarations - First one found to be not a spontaneous truth or voluntary statement - Same belied by the circumstances and..........
Penal Code, 1860, Section 302 -- Murder - Wife allegedly set on fire by husband - Husband also sustaining injuries on his arms - These burn injuries would not prove that husband was innocent...........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife - Conviction - Pursuant to confession appellant was alleged to have pointed out the place where dead body was buried and then body was excavated which was kept in a gunny bag - Serious contradictions in evidence on material points as to date of arrest of appellant and manner of recovery of dead body - It was not..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Appellants armed with axe, knife and iron rod assaulted deceased - Wife of deceased an eye witness - Conviction challenged that witness was interested - Evidence cannot be discarded merely on the ground that it was of a partisan or interested witness - Witness herself had been injured in incident - Her presence could not be..........
Indian Penal Code, 1860, Section 302, 307, 34, 304 Part I -- Appellants armed with axe, knife and iron rode assaulted deceased - Both hands chopped from below elbow by axe blows - No injury on head or other vital part caused which could show that intention was to kill - Appellant could be attributed knowledge that injuries they had inflicted were likely to cause death -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 304B, 498B -- Dowry death - Accused challaned u/s 302, 304B, 498A, but discharged by Court on request of Police - Subsequently Court summoned them as accused in exercise of power u/s 319 Cr.P.C. - Bail allowed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 304B, 498A -- Dowry death - Brother of husband and his wife allowed bail as they were not to get any benefit from dowry item if brought by deceased...........
Indian Penal Code, 1860, Section 302 -- Simple injuries - Death due to subsequent developments because of respiratory failure on account of pus formation in the membrane of brain - Held, when deceased did not die because of act of assault of accused but due to subsequent developments in body and failure of respiratory system, accused cannot be convicted for offence of..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Conviction by Courts below - Appeal to Supreme Court - Conviction based on evidence of eye witness PW1 corroborated by PW7 - Neither of the witnesses supported the case of prosecution - Appeal allowed...........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution case fully established by direct testimony of eye witnesses corroborated by medical evidence - Failure or omission of I.O. cannot render prosecution case doubtful...........
