Indian Penal Code, 1860, Section 302, 120B, 201 -- Murder - Capital punishment - Challenge on ground of denial of fair trial - Accused persons allegedly poured kerosene and burnt deceased thereby committing gruesome act of murder - Accused did not get proper opportunity to respond to all incriminating evidence available against him in proper manner, resulting into..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Held, there is no bar to proceed against a deaf and dumb accused on a charge of a criminal offence - If the court finds that he understands the proceedings, the trial must proceed in the ordinary way - In written statement no where stated that he could not understand the evidence led against him during the..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Held, though the FIR may be a bit delayed it does not, by itself, give rise to an adverse inference against the truth of the prosecution case - The oral deposition in respect of use of torch is not liable to be discarded merely because the I.O. did not question the witnesses with respect to the source of light -..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Links in the chain of circumstances are necessary to be established for conviction resting upon circumstantial evidence - Prosecution has not been able to establish the missing link i.e. connecting the presence of the appellant at the time of the commission of the offense in the night - However, the motive has..........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Deceased was strangulated first and after life was extinguished, an attempt was made to camouflage death as one which arose out of burn injuries - Evidence of PWs 1 to 3 is quite consistent, cogent and firmly establishes not only demands for dowry but dowry related harassments that deceased was subjected to -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1A), 25(1B) -- Murder - Reliability of sole eye-witness - Conviction - Witnesses corroborate PW1 - Therefore, prosecution has been able to prove PW1 was an injured eye-witness to the incident - All evidence proved the offence - Conviction upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Medical evidence - Allegation that accused after committing murder of deceased had thrown dead body on Railway Track - However, as per post mortem report, deceased suffered 14 ante mortem injuries - It is thus, evident that when body of deceased was crushed by running train, he was alive as all injuries..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Evidence of last seen witness PW2 is hearsay - Testimony of PW2 fails to advance the prosecution case as his statement is merely hearsay - Even, statement of PW4 also said to be hearsay so far as theory of last seen of deceased in the company of accused - Statement..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Recovery of T-shirt worn by accused at the time of incident - Person who handed over T-shirt allegedly worn by accused at the time of incident to investigating agency was not examined during trial - Recovery not proved...........
