Indian Penal Code, 1860, Section 302, 304(1) -- Murder - Accused first slapped complainant followed by verbal abuses and thereafter accused brought licensed gun and fired at the deceased, who died - It was thus voluntary and intentional act of accused which caused death - Case does not fall u/s 300 Exception 4 IPC as there is neither sudden fight nor a case where accused..........
Indian Penal Code, 1860, Section 302, 366, 368, 376 -- Rape and murder - Accused persons convicted on the basis of sole testimony of child witness as he was reliable and not tutored and corroborated by other testimony particularly of evidence of prosecutrix - Accused person had the motive to kidnap prosecutrix and they trespassed into her house armed with various weapons..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 149 -- Bail during pendency of appeal - Double murder - Post mortem that multiple grievous were inflicted on both the accused - Appellants used their respective deadly weapons wielded in a deadly manner - Plea of appellants that co-accused is already granted bail rejected as case of..........
Indian Penal Code, 1860, Section 302, 120B, 201, Arms Act, 1959, Section 25(1) -- Murder - Criminal conspiracy - Circumstantial evidence - Trial Court and High Court both held that offence of criminal conspiracy to commit murder not proved - Deceased died due to gun shot injury - Medical evidence establish that there is possibility of accidental death - Nitrate found in..........
Indian Penal Code, 1860, Section 302, 452, 34 -- Murder - FSL report confirmed the brutal killing of deceased which was result of attack on his body with various weapons - Post-mortem report also confirmed the injuries found on the body of deceased - All PWs supported prosecution story - I.O able to recover the blood stained clothes, soil and other materials - Prosecution..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 397, 302 -- Robbery with murder - Incident lasted for 90 seconds - Possibility of remembering the faces of accused persons after 7-1/2 years of incident, particularly in the absence of previous acquaintance - Held, in the circumstances on which the witness had seen accused persons even for 90 seconds is..........
Indian Penal Code, 1860, Section 302 -- Murder - Single blow - Accused not armed with any deadly weapon and there was no repetition of blows - Such an act does not establish that there was any pre-meditation or pre-conceived design to cause death of deceased - Accused had no intention to cause death of deceased - However he cannot be absolved from having knowledge that..........
Indian Penal Code, 1860, Section 299, 302 -- Nature of offence - Accused stabbed his wife with knife in the abdomen causing her dangerous injuries which resulted in her death after 8/9 months - Probable cause of death was multi-organ failure by cutting of whole of small intestines and removal of same by means of knife - There was direct connection or association between..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, 449, 323, 216, Arms Act, 1959, Section 25 -- Murder - Case based on ocular testimony of two injured witnesses - Eye witnesses testified that `Satish' gave a gandasa blow on the neck of deceased and thereafter `Satbir' gave a gandasa blow on the neck of deceased - Doctor opined that only a single injury on neck of..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, 449, 323, 216, Arms Act, 1959, Section 25 -- Murder - Case based on ocular testimony of two injured witnesses - Their presence in house cannot be doubted and they had no difficulty in identifying the assailants - Both these injured witnesses are rustic woman and not tortured witnesses - Minor contradictions and..........
