Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Oral evidence of PWs find corroboration in each other`s version and there are no serious contradictions in their statements - Evidence of these witnesses have not been shaken in cross-examination - Motive of crime proved by deposition of PW11 that there was prior enmity between parties - Nature of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to trivial issue of collecting fire wood from tree - There was no prior meeting of minds between three accused or they had any common object for inflicting fatal injury to deceased - There was heated exchange of words and at the spur of moment and heat of passion, there was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific role is attributed to accused `D' and `K' - Eye witnesses stated that they only inflicted fist and kick blows to deceased - Lack of any corresponding injury on person of deceased is sufficient to satisfy that accused persons roped in the case by sheer over implication because by no stretch of imagination can..........
Indian Penal Code, 1860, Section 107 -- Instigation - Words uttered in a fit of anger or omission without any intention cannot be termed as instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Proximity - Slapping in Panchayat in September, 2001 and suicide committed on 23.02.2002 - There is no proximity in the incident of slapping and committing suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against brother-in-law - Incident of slapping by accused to deceased in Panchayat in September, 2001 and suicide committed on 23.02.2002 - Incident of slapping cannot be the sole ground to hold him responsible for instigating the deceased to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Conviction u/s 306 IPC not sustainable on allegation of harassment without there being any positive action proximate to time of occurrence on the part of accused, which led or compelled person to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to bring a case within the purview of S.306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against brother-in-law - No evidence on record that deceased committed suicide due to continuous threats by accused regarding his being implicated in a false case of dowry - Evidence does not disclose that accused instigated deceased to commit suicide - Neither there was a provocation nor..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 302 - - Circumstantial evidence - PW4, brother of deceased accompanied deceased to Mela on fateful day and identified the accused, who took away deceased from Mela - Investigation revealed headless body of deceased in bushes - Trial Court rightly recorded guilt of accused which was affirmed by High Court by applying..........
