Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident was preceded by a quarrel between accused and deceased, which is said to have taken place in a fit of anger - Accused appears to have realized the mistake he did and then made the efforts to put off the fire - Burn injuries were of 30% of the body surface and initially found to be simple in..........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Last seen theory - Evidence of last seen witnesses consists of contradictions and inconsistencies - Testimonies of PW6 and PW7 also differ on question of when did they reach police station to report - As regarding evidence of PW10, since entire attempt..........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Recovery of school bag - When bags were recovered beside dead bodies itself on the day of inquest by police, then how could a bag be recovered at the instance of disclosure statement of A-2 - Recovery is not free from contradictions and inconsistencies..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323 -- Bail - Murder - Statement of eye witness in question having no evidentiary value in the eyes of law - Implication of applicant would not be proper on the basis of other circumstantial evidence and corroborative material which would be seen during trial - Bail granted...........
Indian Penal Code, 1860, Section 302 -- Murder - Place of arrest is not material in view of proof of case beyond doubt...........
Indian Penal Code, 1860, Section 302 -- Murder - Non-production of weapon of offence before Court - Cannot be a ground for doubting recovery, because lathi was recovered, description of which was made in the recovery memo - Even otherwise, witnesses have proved that accused had beaten deceased by lathi and medical and post mortem also indicate that injuries were caused by..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-collection of blood from the spot cannot be fatal because it may be a fault on part of I.O - Even otherwise, medical evidence is only corroborative and ocular evidence cannot be discarded on any discrepancy of medical evidence...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Injuries were inflicted by blow of lathi which cannot be said to be deadly weapon - Deceased died due to single fatal injury - Therefore, even if it is a case of single blow of lathi and accused knowingly made a single blow that it was likely to cause death, it would be a culpable homicide not..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - I.O admitted in her cross-examination that none of witnesses examined during investigation stated that husband and wife were present together in house on the fateful night - Prosecution failed to lead convincing evidence to even prima facie show that accused had any..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Recovery of sticks - Murder case - Injuries on person of deceased were not connected with sticks and injuries on other injured persons were not necessarily result of beatings..........
