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..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs have not supported prosecution case - Circumstances relied upon in the case are not incriminating materials - Even, circumstances do not form a complete chain unerringly pointing towards guilt of accused - Since prosecution fails to discharge its burden - Session Judge erred in shifting burden to..........
Indian Penal Code, 1860, Section 302, 85 -- Murder - Plea of intoxication - Accused was not made to drink alcohol without his knowledge - Prosecution failed to show that accused consumed liquor without knowing the same or against his will - Plea rejected - Accused rightly convicted - However, since accused was not a habitual offender and incident occurred because of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 188, 147, 148, 153, 323, 505, 435, 120B, 34 -- Bail - Murder - Prima facie no material is available with prosecution from statements of eye witnesses or video clips of mobile phones to show that petitioners were part of mob which caused unlawful activity at Gali No.1 resulting in..........
