Indian Penal Code, 1860, Section 498A, 304B -- Homicidal, suicidal burn injuries and accidental burn injuries - In the case of homicidal death, if the victim is caught unaware, a person may not be able to make any effort to save himself/herself - In case of suicidal burn injuries a person may take all precautions not to save himself/herself - In case of accidental burn..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, Arms Act, 1959, Section 4, 25 -- Triple Murder Case - Case based on two Eye witnesses - PW1 supported prosecution version in her statement in chief, but during cross examination, she turned hostile - PW2 husband of PW1 also disowned prosecution version as a whole and denied to have witnessed the occurrence - PW1 a..........
Eye witness -- Quality and credibility of evidence of eye witness not satisfactory as being a witness to the occurrence - Held, same makes his presence extremely doubtful at the scene of occurrence...........
Evidence Act, 1872, Section 3 -- Evidence of injured witness - Credibility - Held, where witnesses to occurrence were themselves injured in incident, testimony of such witnesses is generally considered to be very reliable, as they are the witnesses who come with an i, built guarantee of their presence at the scene of occurrence and are unlikely to spare actual assailant(s)..........
Evidence Act, 1872, Section 3 -- Natural witnesses and Interested witnesses - Testimony of - Held, natural witnesses may not be labelled as interested witnesses - Interested witnesses are those who want to derive some benefit out of litigation/case - In case circumstances reveal that witness was present on the scene of occurrence and had witnessed crime, his deposition..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder on ship by co-crew member - Circumstantial evidence - Post mortem report reveals about 14 stab wounds on neck - No blood found on dress of appellant or on scene of occurrence - No explanation from prosecution side as to why clothes of appellant were not seized - Two blood-stained knives were..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - 11 persons formed unlawful assembly and committed the offence of murder - Presence of 5 persons proved - As regards 6 others there were contradictions - Held, in the circumstances there was reasonable doubt about their presence at the scene of occurrence - It will be inappropriate to record conviction with aid of..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302 -- Murder - Identification parade - Occurrence witnessed by mother of deceased persons who also got injured in said incident and her evidence was recorded 4 years after incident - Being old lady, she could not identify some of the accused persons - Error committed by her in identifying some of the accused..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Inference of - Held, common object of an assembly has to be derived by reasoning or implication from various factors like weapons with which members were armed, their movements, acts of violence, or result thereof, conduct and behaviour, animosity or grouse if any - Some of the circumstances to draw an..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Proof - Except presence of accused at scene of occurrence, no other evidence to show that they participated in commission of offence - Accused persons if had shared common object with main accused persons to eliminate deceased, they would have caused injuries to deceased - They have not stated or uttered..........
