Penal Code, 1860, Section 302,302 -- r/w 34 and 307 - Appeal against acquittal - Conviction and sentence of accused by Sessions Court u/ss 302, 302 r/w 34 and 307 IPC set aside by High Court and acquitted them - High Court did not take into consideration the sequence of events and the manner in which the FIR was lodged - Circumstances relied upon by the High Court in..........
Indian Penal Code, 1860, Section 302, 394 -- Robbery and murder - Recovery of ornaments from house of accused - Ornaments of common pattern - No proper identification of ornaments held - Not proper to link the accused with murder - Conviction set aside...........
Indian Penal Code, 1860, Section 302, 394 -- Robbery and murder - Case based on circumstantial evidence - Conviction based on evidence that deceased was last seen with accused - Accused failed to offer any explanation in his statement u/s 313 Cr.P.C. - Mere non explanation cannot lead to proof of guilt - Prosecution has to prove its case beyond reasonable doubt...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by pouring kerosene - Conviction by trial Court - High Court set it aside - Evidence showing strained relations - Son 9 years old deposing having seen his father burning his mother - Sessions Judge's non-reliance found incorrect - Reasons given by High Court for acquittal found perverse - Dying declarations found to be..........
Penal Code, 1860, Section 302 -- Dying declaration - Respondent husband-s conviction by Sessions Court u/s 302 for having committed murder of his wife by pouring kerosene on her body and setting her on fire set aside by High Court - Evidence showing that for preceding two years the accused had been ill-treating and beating his wife - High Court did not examine the..........
Penal Code, 1860, Section 302,304 -- Part II or 323 - Nature of offence - Respondent who stated to deceased that he would not leave him alive and kicked him with the right knee on his private part resulting into his death charged for having committed an offence u/s 302 IPC - Trial court concluded that prosecution proved his case beyond a reasonable doubt but convicted the..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Motive per se is not a ground for conviction of an accused and absence thereof no reason for acquittal...........
Indian Penal Code, 1860, Section 144, 148, 302, 326, 324, 149 -- Acquittal - Appeal against - Free fight between two groups - All the injured prosecution witnesses except PW 1 turned hostile and did not support prosecution case - Injuries on person of accused including one accused having suffered grievous injury remained unexplained - No material to show what happened to..........
Indian Penal Code, 1860, Section 302 -- One injury inflicted with pestle on head of deceased - Cause of death shock and haemorrhage - Dispute was over collection of Rs.100/- for erecting a transformer in village - Accused did not intent to cause death but intended to cause bodily injury which was likely to cause death - Offence falls u/s 304 Part II IPC - Sentence of 10..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction based on sole testimony of child witness, the son of deceased alleged to be going with deceased - Discrepancies as to spot of occurrence and day of recording statement to police - Independent witness turned hostile - Conviction set aside...........
