Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - Concurrent findings - Normal rule is not to interfere with concurrent findings of Courts below - However, in this case there are material contradictions and omissions in the statement of witnesses leading to serious infirmities and improbabilities of prosecution case - Benefit of doubt must be given to..........
Indian Penal Code, 1860, Section 302, 34, 304 Part II -- Treatment of evil spirits - Husband took wife to Sadhus - They beated wife with iron, trishul and chimta - Wife died - Charge of murder - Trial Court acquitted but High Court convicted u/s 304 Part II/34 IPC - Testimony of husband found unreliable - Improvement made in the manner of beating, whether beating was done..........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Appeal against conviction - Circumstantial evidence - Assault on deceased while he was asleep and PWs 4, 5 & 6 were also sleeping with deceased - PW 4, 5 & 6 though had not been able to identify the appellant as the person who assaulted deceased but their evidence established that a naked person fitting description of..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased after murder alleged to have been taken away by accused - IO found blood at the place of occurrence but not around the place of occurrence - Absence of trail of blood does not make removal of dead body by accused doubtful...........
Indian Penal Code, 1860, Section 302, 364 -- Murder of three persons - Sentenced to 10 years R.I. - No interference is called for with the sentence awarded...........
Indian Penal Code, 1860, Section 201, 302 -- A3 found carrying dead body of a child who was murdered after kidnapping to appease deities for reward - Accused can be convicted u/s 302 - Life imprisonment awarded by setting aside death penalty...........
Indian Penal Code, 1860, Section 364, 302, 201 r, w 34 -- Child kidnapped and murdered to appease deity on the asking of a Tantrik and causing disappearance of dead body - Appellant 3 was caught red handed by PW 7 while throwing dead body in a pond - Murder by A1, A2 and A4 witnessed by PW 14, an employee of appellant 1 - Trial Court awarding death penalty to all the four..........
Indian Penal Code, 1860, Section 302, 148, 149, 304 Part II -- Unlawful assembly of 8 persons - Attack with deadly weapons - Deceased suffering several injuries - Appellants, armed with knives causing only one fatal injury each - Conviction u/s 302/148 IPC - Conviction cannot be altered to S.304 Part II - However, conviction altered under S.302/148 to 302/149 IPC but..........
Indian Penal Code, 1860, Section 302 -- Assault by an axe - No injury inflicted on any vital part of body and none of the injuries individually was sufficient to cause death - Held, offence falls u/s 304 Part II and not u/s 302 IPC...........
Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence - FIR promptly lodged - Motive well established - Witnesses natural and probable - Their testimony fully supported and corroborated by the medical evidence and recovery of weapon - Alleged discrepancies or improvements not creating any reasonable dent in the version of the prosecution - Trial Court rightly..........
