Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, 30 -- Murder of wife by husband - Gunshot injury - Testimony of children - Accused was habitual of drinking - He had an extra marital affair with one lady - Cause of tussle between accused and deceased was extra marital affair - Accused was in habit of verbally abusing and physically assaulting deceased -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused/husband and deceased/wife - Injury was inflicted in course of quarrel at the heat of passion - Accused did not give second blow - There was no intention on part of accused to cause death of deceased - Evidence of PW4 and PW5 coupled with own admission of accused in his..........
Indian Penal Code, 1860, Section 302, 304(Part I), 326 -- Nature of offence - Accused did not come with arm - There was altercation between deceased and accused - Accused had knowledge that injury would cause death - Considering evidence of witnesses and medical evidence including post mortem report, there is no doubt in guilt of accused - Case of accused thus, fall u/s..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused called the unsuspecting deceased out of his house on fateful afternoon and inflicted stab blow by knife on his chest - Accused was carrying a weapon with him thus, incident was apparently perpetrated in a well planned manner with full premeditation - Intention of accused while inflicting..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder - Number of injuries on deceased persons as per medical evidence is three in number, which do not match with number of strikes made by accused persons - Eye witness attributed assault on both deceased to other accused - Involvement of accused in murder of two deceased is not established - Accused acquitted u/ss 302,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused come to house of deceased in dead of night, called him outside and dragged him to backside of house where four unknown culprits hacked him - Accused also joined with them and fled away from spot - Common intention of accused is clearly proved as he acted in concert with four other persons -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Medical evidence - 15 injuries stated to be inflicted by three accused on body of deceased within a short span of 5 minutes - Inflicting 15 injuries on body of deceased by three accused would require a considerable amount of time, particularly when deceased being a normal healthy person..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of relative witnesses - PW3 and PW12/eye witnesses are children of deceased - However, PW11 is an unrelated witness and his testimony substantially supports evidence of PW3 and PW12 in all material particulars - PW3 and PW12 were immediately present at the spot and identified accused with various deadly..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Medical evidence against deceased - Eye witnesses PW5 and PW6 have claimed that deceased was assaulted by accused `C' with a pati - Weapon of assault has also been recovered in this case i.e pati, but two doctors categorically stated that injury of deceased can only be caused by a sharp weapon and cannot be caused by a..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Medical evidence against injured - Prosecution has not examined treating doctor, under whose treatment injured was admitted in hospital - Rather, report was prepared by doctor who had not treated the injured - Medical evidence against injured produced by prosecution is not adequate enough to connect accused with..........
