Indian Penal Code, 1860, Section 149, 302 -- Murder - Common intention - Deceased caught the accused while committing theft of standing crop - Co-accused attacked the victim in order to secure release of accused - Not a case of pre-mediated murder - Common intention cannot be attributed to attract S.149 IPC - Accused to be convicted after adjudging guilt of each accused..........
Indian Penal Code, 1860, Section 302, 397 -- Murder by axe blow and then caused injury to PW1 wife of deceased and robbed her Rs.500/- - Appellant then went to his employer in midnight and made extra judicial confession before employer PW7, his wife PW2 and neighbourer PW 19 - PW1 wife of deceased when examined by doctor about her injuries narrated history of assault by..........
Indian Penal Code, 1860, Section 302 -- Murder - Cause of death - When doctor not certain - Held, where a doctor conducting post-mortem examination would not be certain with regard to the cause of death and there have been no other connecting link placed by the circumstances, it would be hazardous to convict the appellants for causing death of the victim...........
Indian Penal Code, 1860, Section 302 -- Murder - Sole testimony of eye witness - FIR lodged promptly - FIR not a fabricated document - Presence of eye witness, PW 3 on spot not doubted merely because his blood stained clothes not seized - PW 3 taking deceased to hospital and lodging FIR promptly - Injuries inflicted on deceased on his refusal to give money to accused for..........
Indian Penal Code, 1860, Section 302 -- Ghastly murder - Head severed from body and headless body dragged - Report lodged within 30 minutes - Discrepancies in statements of witnesses who were shocked - It will not result in failure of prosecution...........
Indian Penal Code, 1860, Section 302 -- Murder - Police reached the spot within 15 minutes of commission of offence - PW named accused persons - Plea of accused that they were falsely implicated due to enmity with PW repelled - There was hardly any scope for false or over implication within a short span of about half an hour...........
Indian Penal Code, 1860, Section 302, 34 -- Murder due to enmity - Head severed from trunk - Head kept in plastic bag and trunk dragged to a pit full of water and thrown in it - Two eye witnesses PW2 and PW5, nephew of deceased - PW1, son of deceased came later and witnessed dragging of his father's trunk - PW2 did not mention name of appellants - There is no scope of..........
Indian Penal Code, 1860, Section 392, 302, 34 -- Murder and robbery - Murder in car - Deceased hired a car - Three accused found in car - Murder on the way - Accused miserably failing to explain their lawful possession of those articles with them that belonged to and were in possession of deceased - Keeping in view the proximity of time within which the act of murder was..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - All three circumstances that accused had suspicion of relations of his wife with his brother, that just after incident appellant was seen running and that deceased orally stated that he was burnt by accused - Not established on strength of evidence - Conviction set aside...........
Indian Penal Code, 1860, Section 302 -- Co-accused persons acquitted of the charge u/s 302/149 except the appellant - Conviction of appellant in absence of separate charges - Illegal...........
