Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witnesses categorically stated that A-2 and A-3 inflicted blows by knives - Same is supported by medical evidence and deposition of PW2 - Mere fact that doctor stated that it is very doubtful that injuries sustained by deceased by sharp cutting weapon on both sides, it cannot be stated that no injuries were inflicted..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of father by son - Three dying declarations - Eye witness to incident categorically deposed about accused pouring kerosene on her and also on deceased and setting him on fire - Three dying declarations were recorded by Magistrate, Assistant Sub-Inspector of Police and Inspector of police..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder of wife by husband - Circumstantial evidence - Extra judicial confession - PW8 stated that accused has stated before him to have killed deceased due to her loose character - However, circumstances as stated by PW8 that local villagers were assaulting accused and out of fear he confessed to have..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Recovery of weapon of offence - I.O seized the weapon of offence from the spot - Though as per evidences of PW4 and other witnesses, same was found with blood stained but upon forensic examination of same, no blood stain was found from weapon - It is not the case of prosecution..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Circumstances as evinced from statement of witnesses are not forming the chain complete to point guilt of accused - Except the circumstances that accused and deceased are husband and wife and they were present in the house of informant at the time of occurrence, nothing more can..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Common intention - Role assigned to accused is merely that he caught and hold deceased to detain him during incident - Act of accused was deemed to have been committed by all accused in furtherance of common intention to murder deceased and he shall be deemed to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Prima facie case against accused is established - Incident occurred in day light and witnesses are neighbouring, naturally residing in locality knowing both accused and complainant - Presence and identification of accused is probable - Role of accused cannot be..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon of offence - Recovery witnesses have turned hostile and did not support prosecution case - Weapon of offence though recovered stained with blood but no opinion was given regarding existence of human blood on it or that blood of human origin of group..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - Eye witness is not reliable witness, as she has not stated in her statement u/s 161 Cr.P.C recorded by I.O that she saw accused was dealing blows on deceased by means of sword - Such contradiction appearing in her evidence with respect to her statement made u/s 161 Cr.P.C is substantial and..........
Indian Penal Code, 1860, Section 302 -- Murder of father by son - Wife of accused stated that accused came to her house in a drunken state which fact is corroborated by her son - Eye witnesses being inmates are natural witnesses to occurrence - Even though accused was in a drunken state, conduct of accused shows that he has intention to commit offence - Medical evidence..........
