Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Sole testimony of PW2 - Cross-examination of PW2 would reveal that he has fully improved his case in his examination-in-chief - PW2 has narrated what does not find place in his statement u/s 161 Cr.P.C - Evidence of PW2 is totally contradictory and therefore totally unworthy - Apart from testimony..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused cannot be held guilty of offence of murder solely on basis of medical evidence...........
Indian Penal Code, 1860, Section 302, 304(Part1) -- Nature of offence - HC altered conviction of accused from S.302 to 304(Part1) IPC by invoking Exception 4 to S.300 IPC - However, accused under influence of alcohol inflicted injuries upon unarmed deceased with vegetable-cutting knife when deceased made obscene remarks about accused`s girlfriend - Since deceased was..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 302, 363, 201 -- Bail - Rape and murder of 8 years old girl - Incident occurred in a gruesome manner in which 8 years old girl was raped and killed that too by her own cousin - Merely because there was public outcry and..........
Indian Penal Code, 1860, Section 452, 302 -- Murder - Plea of juvenile - Neither the Headmaster/Principal of the first attended school nor its records would qualify as `public servant' or `public record' or `public document' respectively - The certificate issued by School could not have been taken as conclusive proof of date of birth of Respondent No.2, discarding Form (A)..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of interested/relative witnesses - Son and wife of deceased allegedly covered a distance of 16 kilometers in a matter of barely thirty minutes on a single bicycle - However, it seems highly unlikely that a boy of 17 years of age would be able to cover such a long distance that too with his middle-aged mother as..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witnesses PW4, PW5 and PW6 were declared hostile - These eyewitnesses during their depositions had stated that four or five persons came and attacked deceased - Post-mortem report identifies 26 injuries on the body of deceased, which are unlikely to be caused by a sole assailant and is more probable to be a result of..........
Indian Penal Code, 1860, Section 376, 377, 302, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Offence u/ss 376, 377, 302 IPC & Ss.5, 6 POCSO Act - Conviction - The Courts below have failed to make any detailed reference to the aggravating and mitigating circumstances surrounding the appellant - Court commuted the death sentence awarded to the..........
Indian Penal Code, 1860, Section 302, 376, 397 -- Offence u/ss 302, 376, 397 - Conviction - The chain of circumstantial evidence in no way points to a singular hypothesis, that is the guilt of the accused, ruling out his innocence or involvement of none else in the crime - As a result, the conviction of the Appellant-convict is vacated - He is directed to be released..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Four blows were given on head of deceased besides other blows, which shows clear intention of appellants to commit murder of deceased - Appellants rightly convicted...........
