Indian Penal Code, 1860, Section 302, 304 Part I -- Appellant a Schedule Tribe and an illiterate rustic man - Being enraged by the behaviour of his elder brother towards his wife as well as altercations arising out of domestic problem was provoked and in a spur of moment picked up the stick lying on the ground and gave blows on the head of deceased - Prosecution totally..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Appeal against acquittal of an offence u/s 302 IPC - Accused alleged to have stabbed the deceased with a knife - Death of deceased after 3 days - Evidence of P.W.1 about the incident - His evidence corroborated by medical evidence and other circumstantial evidence on record - Dying declaration wrongly rejected by trial..........
Indian Penal Code, 1860, Section 302 -- Accused not seen by PW1 inflicting sword blow on deceased - PW9 denying fact that he lodged FIR - Recovery of sheath of sword from house not belonging to accused - Sheath not proved to be connected with sword - Prosecution successful in establishing facts only of accused being present on spot with sword and blood stains on his..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Ocular account given by PW2 and PW3 not inspiring confidence - Difficult to believe that they could hear conversation between accused and deceased from a distance of 500 feet when there is obstruction of 7 feet high wall - Their evidence not corroborated by medical evidence - PW2 and PW3 stating that assailants used..........
Indian Penal Code, 1860, Section 302, 392, 397 -- Murder and robbery - Murder of five persons of a family - Conviction - Upheld by High Court - Conviction based on circumstantial evidence of last seen, recoveries soon after crime - No explanation of innocence - Conviction upheld...........
Indian Penal Code, 1860, Section 302, 392, 397 -- Murder of five persons of a family - Sentenced to death - Not one of rarest of rare case warranting death sentence - Awarded 20 years life imprisonment - Considering the heinous barbaric offence accused not to be released before completion of 20 years of imprisonment...........
Indian Penal Code, 1860, Section 302, 376, 363 -- Conviction for enticing a young girl of 11 years, raping her and then murdering - Conviction based on circumstantial evidence and extra judicial confession - Upheld by High Court - Appeal against - Needs no interference...........
Indian Penal Code, 1860, Section 302, 376, 363 -- Enticing a young girl of 11 years, raping her and then murdering - Not a rarest of rare case warranting death sentence - Death sentence commuted to life imprisonment...........
Indian Penal Code, 1860, Section 302, 201 -- Conviction - Appeal against - Case resting entirely on circumstantial evidence and the circumstances relied upon by the prosecution are (i) the extra judicial confession of the accused, (ii) the recovery of skeleton and key from the pocket of shirt of the skeleton and recovery of Chapple and, (iii) the deceased last seen in the..........
Indian Penal Code, 1860, Section 302, 201 -- Circumstantial evidence - Recovery of skeleton from well - Recovery of gloves and hockey - Deceased and accused last seen together - Recovery of skull - Illicit relations of mother of deceased with accused - Witnesses of recovery not able to identify skeleton - Brother of deceased refusing skeleton to be that of deceased -..........
