Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Conviction for offence other than charged - Accused charged with section 302, however convicted under section 306 - Conviction upheld - Court can convict an accused for an offence for which no charge was framed unless court is of the opinion that a failure of justice would..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Charge - Conviction under section 306 when accused was charged for offence u/s 302 - Wife setting herself and her two daughters on fire - Allegation of demand of dowry proved - Reason for suicide due to harassment on account of demand of dowry proved - Accused getting ample..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34 -- Appeal against Acquittal - Appellate court - Scope and Ambit - No embargo on the appellate court reviewing the evidence - High Court is duty bound to go into greater details of the evidence to see whether miscarriage has resulted from acquittal - Generally order of acquittal should not..........
Indian Penal Code, 1860, Section 149, 302, 353, 326, 414, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(4) -- Several persons present at the house of accused - Huge arms and ammunition found - Raid by police - On seeing police party, firing at police started - Counter firing causing death of a person - Held, S.149 rightly applied - Principles of..........
Indian Penal Code, 1860, Section 302 -- Related witness will not like to drop a real culprit - Evidence of - Corroborated by a minor witness - Witnesses found reliable - Accused having illicit relations with the daughter of the deceased - Objected to by deceased - Murdered with a kitchen knife - Seen by son - Minor son saw the accused entering the house and leaving it with..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 72, 161, Criminal Procedure Code, 1973, Section 366 -- Mercy Petition - Death Sentence - All material facts including mitigating factors not placed before Governor - Mercy petition rejected without there being proper consideration of all relevant factors - Governor was deprived of the opportunity to..........
Indian Penal Code, 1860, Section 302, 201 -- Conviction - Circumstantial evidence - Circumstance of last seen together, recovery of iron pipe at instance of accused and that iron pipe stained with human blood, not proved - Finger prints of accused on TV stand and VCR of no help as accused used to visit house of deceased - Conviction set aside...........
Criminal Procedure Code, 1973, Section 164, Indian Penal Code, 1860, Section 302 -- Murder - Evidence of witnesses whose statements are recorded u/s 164 Cr.P.C. is to be assessed with caution and if there are circumstances on record which lend support to the truth of the evidence of such witnesses, it can be acted upon - In the instant case, statements of PWs believed..........
Indian Penal Code, 1860, Section 302, 323 -- Kulhari blow on neck - Death - Blood stained kulhari and pant of accused seized - Accused beating M - Deceased intervened and he dealt with kulhari blow by accused twice including one on neck - Clear intention of causing death - Displeasure of accused with deceased on adopting son of M - Motive established - Even if deceased was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364 -- Bail - Kidnapping and murder case - Challan put up - Accused placed in column No.2 - However during trial petitioner summoned for trial - Bail allowed on the plea that after submission of challan custodial interrogation is not required...........
