Indian Penal Code, 1860, Section 302 -- Murder of child aged 3 years - Death due to consumption of mercury - Oral dying declaration - Declaration made by 3 years old child before his parents - Death of child was not caused due to metallic poison - Moreover, it is unbelievable that after child was administered some poisonous substance, who made numerous vomits, would remain..........
Indian Penal Code, 1860, Section 302, 304B, 498A -- Nature of offence - Cause of death is doubtful as to whether it was due to hanging or strangulation - But deceased died unnatural death within seven years of her marriage in matrimonial home - There was demand of dowry - Deceased was beaten by her i, laws but there was no reference that husband was giving beating to..........
Indian Penal Code, 1860, Section 396, 302 -- Dacoity with murder - Non framing of specific charge u/s 302 IPC - In the absence of an assembly of five or more persons imbued with common object of committing dacoity with murder, any member thereof cannot be convicted for said offence irrespective of his/her individual act of murder unless independently and categorically..........
Indian Penal Code, 1860, Section 302, 323, 147, 148, 149 -- Murder - Plea of private defence - Accused allegedly armed with lathis, sword and other weapons of offence, obstructed complainant party from collecting the crops and struck blows on deceased - However, accused stated that complainant party assaulted them and they were justified in exercising their private defence..........
Indian Penal Code, 1860, Section 302, 392, 397 -- Murder - Robbery - Recovery of stolen property at the instance of accused - Non-joining of independent witness - Notion of approaching every action of a police officer with initial distrust may not be proper - When a police officer gives evidence in Court that a certain article was recovered by him on the strength of..........
Indian Penal Code, 1860, Section 302, 392, 397 -- Murder - Robbery - Circumstantial evidence - Accused, who is known to deceased committed her murder and robbing her jewellery which she was wearing at the time of her death - Medical report shows that death was caused by heavy blunt force impact which was sufficient to cause death in the ordinary course of nature - Accused..........
Indian Penal Code, 1860, Section 302, 306, 498A, 34 -- Murder - Accused no.1 allegedly gave beatings to deceased and thereafter accused no.2 administer poison to her - However, FSL report of deceased shows that deceased died of shock owing to torsion of left ovarian cyst leading to heaemorrhagic ascites - PW12 state that deceased make an oral dying declaration before him..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying Declaration - 100% burn injuries - Deceased stated in her dying declaration before doctor that accused burnt her - Nothing can have been more contemporaneous than dying declaration of deceased, prior to her death - No one from family of deceased is stated to have been present in the..........
Evidence Act, 1872, Section 3, 8, Indian Penal Code, 1860, Section 302 -- Motive - Murder - Circumstantial evidence - Motive is not required to be proved for commission of a crime but in a case of circumstantial evidence, it cannot be altogether ignored where other co-accused with similar role have been acquitted from the charges...........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 30 -- Murder - Circumstantial evidence - Motive - At the instance of deceased, IOC imposed fine on accused No.1 for irregularities found in the dispensation of fuel, which lead to his paying up fine, there is every possibility of accused No.1 bearing grudge against deceased - Accused..........
