Indian Penal Code, 1860, Section 302, 324, 323, 341, 148, 149 -- Murder - Accused not named in FIR registered at the instance of PW1 - It was only in subsequent statement u/s 161 Cr.P.C that PW1 improved upon his earlier statement and named two more persons including accused - But PW1 failed to provide any plausible reason as to why these two persons including accused were..........
Indian Penal Code, 1860, Section 302 -- Murder of father by his own son - Motive of crime proved on record that accused had grudge against his father with regard to agricultural land - Evidence of PW2 and PW8 cumulatively established that accused had gone to agricultural fields where deceased had gone at night - Land of PW8 is adjacent to that of deceased - Evidence of PW8..........
Indian Penal Code, 1860, Section 302, 364 -- Murder - Conviction - Appreciation of evidence - No evidence on record to connect accused P and R with crime except the statements of main accused M and complainant B - Statement of B are not sufficient for recoding the findings of conviction - M being accused, his statement alone cannot be read against co-accused -..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 228 -- Abetment to suicide - Framing of charges - Suicide note reveals that deceased herself was responsible for her act - She wrote suicide note in presence of her brothers 17 days prior to her death - Deceased was under severe depression - No direct evidence to connect petitioner with crime -..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Motive - PW10 stated that accused was unhappy with deceased since he suspected deceased of having an illicit relationship with wife of accused - Evidence of PW10 not challenged in cross-examination - Prosecution thus, through evidence of PW10 established motive for commission of crime...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of blood stained weapon and clothes - FSL report did not corroborate prosecution case as regards use of knife by accused for commission of crime, as blood group of blood stains found on knife and clothes of deceased could not be confirmed with blood group of deceased - However, accused apparently did not have..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - There is no material contradictions in evidence of PW1, who is not only witness of arrest but to disclosure statement and recovery of knife and blood stained clothes at the instance of accused - Evidence of PW1 thus, trustworthy - Motive of crime proved on record - Prosecution proved the guilt..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 411 -- Delay in lodging FIR - Receiving stolen property - Statement of complainant recorded after 11 months of incident - Complainant without any basis named accused to be one who broke open lock of his house and committed theft besides burning some of articles - However, it was not mentioned as..........
Criminal Trial -- Perpetrators of such crime are required to be dealt with sternly but this cannot be a rule in every case...........
Indian Penal Code, 1860, Section 302, 364, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Triple murder - Circumstantial evidence - FSL report, post mortem report and other documents along with statement of PW27 a conclusion is drawn that evidence led by prosecution and recovery of articles was in presence of independent..........
