Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376 -- Examination of accused - Offence u/s 376 IPC - Chemical examination report and Serological Report not put to accused in his statement - Therefore, said incriminating material evidence cannot be used against accused...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Mere no, production of alamat is not fatal when seizure list is there and signature of accused is not challenged as it is duty of Court to take effective steps to produce alamat because it is in custody of Court and not in custody of prosecution...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24, 106 -- Murder of wife by husband - Extra-judicial confession - Burden of proof - In the instant case, incident took place in house of accused and admittedly victim is residing with him before her death - Therefore, it is duty of accused to show special knowledge and unless it is explained how deceased..........
Indian Penal Code, 1860, Section 379, Evidence Act, 1872, Section 3 -- Theft - Appreciation of evidence - Evidence of PW1 & PW2 reveals that on the date of incident, sometime prior to incident, accused had come to the office of District Industries Centre and after sometime of his going back from office theft of motorcycle came to the knowledge of PW1 & PW2 - Even,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- House murder of wife by husband - Appreciation of evidence - Unless it is proved beyond reasonable doubt that accused was present in the house at the relevant time would not be incriminating against him - Moreover, other inmates of the house were actually present in the house at the crucial time and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- House murder of wife by husband - Appreciation of evidence - Seizure of certain bloodstained articles including weapon of offence at the instance of accused - Would not be incriminating against accused because prosecution was unable to file serological report to prove that the blood found on the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- House murder of wife by husband - Appreciation of evidence - Nobody made any adverse remark on the relationship of the accused and deceased except the father of deceased but he too has admitted in the cross-examination that deceased was living happily in her matrimonial home - Even, statement of PW7 is..........
Indian Penal Code, 1860, Section 34 -- Common intention - If a person is not present at the spot, question of common intention does not arise...........
Indian Penal Code, 1860, Section 34 -- Common intention - Can be conceived immediately or at the time of offence and can be gathered from the circumstances that are brought on record by prosecution - Applicability of S.34 IPC is a question of fact and is to be ascertained from the evidence brought on record...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Carrying of weapons, arrival at a particular place and at the same time, entering into shed and murder of deceased definitely attract the constructive liability u/s 34 IPC - Absence of any injury caused by a lathi cannot be governing factor to rule out S.34 IPC...........
