Indian Penal Code, 1860, Section 302, 304B, 498A, 506, 114, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - A-1 was not present at the scene of offence when incident occurred - DWs who are colleagues of A-1 supported him and categorically stated that A-1 was with them at his office on the date of incident - Demand of dowry was made by in-laws and not..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions, including examination-in-chief and cross-examination of PW1, statement of PW2 recorded in his absence - Legal Aid Counsel only appointed belatedly and changed more than once during trial - Opportunity to..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - There are material omissions in the statements of eye witnesses of PW4 and PW5 which amount to contradiction - Both the witnesses neither reported the incident to Police nor took deceased to a hospital - Statement made by eyewitnesses that appellant inflicted two to three stab wounds on the back..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27(1) -- Murder - Common intention - Prosecution has failed to place on record any evidence to show that appellants had common intention with A-1 prior to A-1 shooting at the deceased resulting in her death - Conviction and sentence set aside - Appellants acquitted...........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Testimony of wife of deceased - PW3 being the wife of deceased, was the most natural witness, whose presence in the wee hours of night cannot be doubted and she in her statement has categorically stated that accused were not real assailants and some unknown persons had infact murdered her husband, who had concealed..........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Testimony of PW1 and PW2 - PW1 and PW2 are the real brother of deceased and first informant and sister in-law of deceased - There are material contradictions in their testimonies and therefore, they too cannot be said to be reliable witnesses as held by trial Court - Motive suggested for commission of crime also do..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Death by burning - Victim died in a tragic manner - Merely because it has been shown that there were serious matrimonial disputes between deceased and accused, it cannot be said that it was accused who had set fire to his wife - Presence of accused at occurrence spot at the relevant time is highly..........
