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SUPREME COURT OF INDIA

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Husband being unhappy with wife hatched conspiracy with his brother and father, eventually murdering deceased - Husband may not be having a cordial relation with deceased but that itself not sufficient to hold with certainty that killing her was only..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Husband unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother of husband was last person to be seen alive with deceased - Being confronted with armed miscreants, accused..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........

RAJASTHAN HIGH COURT

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302 -- Murder - Cause of death was head injuries - Eye witnesses supported prosecution case - Accused were carrying the weapons and thus, incident was apparently perpetrated in a well planned manner with full preparation - Intentional gandasi and Sariya blow which was inflicted on head of deceased was without any provocation etc. - Using..........

RAJASTHAN HIGH COURT

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302 -- Murder - No specific role was attributed to co-accused by eye witnesses - Other witnesses were declared hostile to prosecution case - Guilt of co-accused not proved - Co-accused acquitted...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Cruelty - Death by burning - Deceased after the incident and while she was in hospital made multiple statements - Contradictions were found in statements of deceased - First statement made by deceased supported defence case and was contrary to case set up by prosecution was suspiciously not brought..........

BOMBAY HIGH COURT

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Death within two months of marriage in matrimonial home - Deceased committed suicide soon after her brother had left house - Cause of death was asphyxia due to hanging - There is cogent and convincing evidence to show that deceased was not in company of her husband or her brother-in-law just before the..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Testimony of eye witnesses - Prosecution examined three eye witnesses - Two eye witnesses turned hostile and did not support case of prosecution - Testimony of PW10/father of victim, neither shows that he was an eye witness of occurrence nor does it disclose that..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Post mortem report of victim discloses that victim was sexually assaulted, however, FSL report on record does not establish any connection of accused with sexual assault on victim - Dead body of victim found lying in open field - Record is not clear as to when accused..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302, 224, 511 -- Murder - Accused who was already arrested for commission of other offences, made an attempt to escape from custody by attacking deceased/constable causing his death - He made call to control room by using mobile phone of deceased just to divert attention of police so that he could escape in case locked door was opened -..........

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