Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence regarding 'last seen together' not reliable - Identification of dead body and filing of complaint on 17.4.93 of deceased being 'missing' found doubtful - Chain of circumstances not complete - Benefit of doubt given - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Three out of five took deceased inside to kill and two prevented others to intervene - Two who prevented others can be convicted with aid of S.34 for murder u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Incident witnessed by father, mother of deceased and three others - They were natural witnesses - Evidence found to be truthful and credible - Defence that no such occurrence took place and deceased was murdered by dacoits - No evidence whatsoever to support the defence case and hence rejected - Conviction upheld...........
Indian Penal Code, 1860, Section 302 -- Murder by administering poison - Conviction can be justified if there are following circumstances: (1) there is a clear motive for an accused to administer poison to the deceased. (2) that the deceased died of poison said to have been administered, (3) that the accused had the poison in his possession, (4) that he had an opportunity..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by poison - Conduct of accused showed that he took the deceased to hospital to have her treated - Had he administered poison accused would not have taken the deceased to a private clinic and then to government hospital where poisoning as a cause of death would be immediately known or at least strong suspected by the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Head injuries caused by axe - Injuries with sharp side of axe ruled out - Possibility of the blunt head of the axe or the stick portion coming in contact with the head of the deceased cannot be ruled out - Mere non examination of one of the eye witnesses to speak on the same point does not..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Deceased had gone to house of appellants where appellants inflicted one knife blow on abdomen of deceased and incident took place on spur of moment without there being premeditation - Offence falls u/s 304 Part II and not u/s 302 IPC...........
Penal Code, 1860, Section 302,304 -- Part II - Sudden provocation - Sudden quarrel - No premeditated plan or intention to either put an end to the life of the deceased or cause any injury with the intention of causing his death or causing such bodily injury which within the knowledge of the accused was likely to cause his death even in the ordinary course of nature -..........
Indian Penal Code, 1860, Section 302, 498A -- Conviction of husband and his parents - Setting on fire by pouring kerosene for not betting a child - Witnesses turning hostile - Dying declaration recorded by Magistrate in presence of doctor - Deceased stated that her mother-in-law sprinkled kerosene and her husband lit matchstick and set her on fire and that they used to..........
Indian Penal Code, 1860, Section 392, 302, 34 -- Robbery - Valuable articles not touched - There may be fascination for selling goods of particular category which are easy to carry and are easily disposable - When credible evidence is available it is not necessary to fathom as to what was in he mind of the accused or find out why valuable articles were not lifted...........
