Indian Penal Code, 1860, Section 302 -- Murder at day time - Why accused choose a day break time to commit murder? - It is a hypothetical question - What is in the mind of a person and the reason for doing a thing is an aspect within the special knowledge of the accused - Prosecution is not supposed to meet every hypothetical question raised by the defence...........
Indian Penal Code, 1860, Section 302 -- Murder - Minor discrepancies in FIR - Evidence of prosecution witnesses consistent and strengthened by medical evidence - Mere non mention of minute details in FIR does not make prosecution case doubtful - Accused liable to be convicted...........
Indian Penal Code, 1860, Section 302 -- Unlawful assembly formed and its motive was to cause murder of PW1 - Accused caused death of deceased who tried to prevent them from attacking PW1 - A2 caused an oblique spindle shaped wound 5 x 2 cm on middle of neck - Cause of death was two wounds caused by appellant and A2 - Conviction of appellant by High Court u/s 302 and found..........
Indian Penal Code, 1860, Section 506, 366 -- Kidnapping - No evidence that kidnapping was on threat of murder - Accused had no deadly weapon with him - Offence u/s 506 IPC not made out...........
Indian Penal Code, 1860, Section 147, 148, 302, 307, 149 -- Conviction by trial Court - High Court maintained conviction of one accused and that too u/s 326 IPC - Accused armed with deadly weapons sword, axe and lathis with an object to kill PW-1 chased deceased who tried to escape from house of PW-1 and assaulted him and committed his murder - PW-1 was then assaulted and..........
Indian Penal Code, 1860, Section 303 -- Single blow - Even a single blow delivered with a heavy or dangerous weapon on a vital part of the body would make the offence a murder...........
Indian Penal Code, 1860, Section 300 -- Culpable homicide is murder when (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death - It must be proved that there was an intention to..........
Indian Penal Code, 1860, Section 300 -- Exception 4, 302, 304(Part II) - Murder - Sudden fight in heat of passion - Sufficient motive - Accused armed with deadly weapons attacked deceased, causing several injuries including three on the head - Head injuries resulted in internal fracture and profuse bleeding resulting in death - Incident had not taken place "without..........
Criminal trial -- Last seen together - Prosecution has to prove that the time gap between the last seen and murder is so proximate and so close that there is no possibility of drawing any inference of innocence of the accused persons and there was no possibility of meeting of anyone else with the deceased in between...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Appeal against - No discrepancy between eye witnesses and medical evidence - Injuries caused by sharp weapon - It is immaterial whether weapon had one or both sides sharp - Witness present at shop examined - Presence of PWs 5 and 11 on spot fully established and it is immaterial that these witnesses are sons of..........
