Indian Penal Code, 1860, Section 302 -- Deceased living in a red light area and was a sex worker - Accused kicked her with fists and legs as a result whereof deceased fell down - Accused then caught her by her hair and banged her head against the floor and the wall several times resulting in her death - Occurrence witnessed by eye witnesses - Medical evidence supported..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Accused allegedly killing his wife by attaching with dao while she was working in garden - Absence of eye-witness to the incident - Seizure of dao after two weeks only when accused gave it to police authorities - Confessional statement of accused made before SDJM has..........
Indian Penal Code, 1860, Section 302 -- Murder - No eye witness to alleged killing of deceased - Prosecution version that deceased suffered injuries by means other than fire arms secured corroboration from post mortem report - Confessional statement of accused recorded in English and accused put his left thump impression - Magistrate, who recorded statement, testified that..........
Indian Penal Code, 1860, Section 302 -- Murder - Case resting on circumstantial evidence - Dead body of deceased detected after long gap of time and could not be identified even by her parents - No material on record to indicate that deceased wife was seen near river where dead body was found, along with accused husband - Even evidence of witness before whom accused made..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 34, Dowry Prohibition Act, 1961, Section 6, Evidence Act, 1872, Section 32 -- Dowry death - Continuous harassment of deceased for three years right upto her death - Dying declaration recorded by Magistrate in presence of doctor who certified that she was fit to make statement - Harassment by husband was clearly stated and..........
Indian Penal Code, 1860, Section 302 -- Murder - Proseucton case that deceased was taken away by accused and after 15/20 minutes gun shots were heard - Post mortem report that there were only lacerated wounds and there was no gun shot wound on the body of the deceased - Some doubt is created in the prosecution version regarding charge u/s 302 IPC - Accused to get benefit..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Rarest of rare case - Cold blooded murder but it was done quite stealthly - Entire case resting on circumstantial evidence - Not possible to discern and arrive at any definite conclusion as to the role played by each of the accused in the commission of the dastardly crime - Case is not one which falls in the..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder case - In dying declaration deceased stated that petitioner husband and mother in law brought her to the hospital after she caught fire - Deceased has not named petitioner for the alleged incident of setting her on fire - Challan submitted and charges already framed - Held, circumstances warrant granting of bail to..........
Criminal Procedure Code, 1973, Section 327, 328, Indian Penal Code, 1860, Section 302, 304 -- Charge sheet submitted u/s 302 IPC - Sessions Judge framed charge u/s 304 IPC and declined to frame charge u/s 302 IPC - No reasons assigned for the same - Held, when charge under a particular Section is dropped or diluted, some minimum reasons are expected to be recorded..........
Indian Penal Code, 1860, Section 302, 306, 376 -- Rape with murder - Death sentence - Accused did not felt remorse as two days later, he attempted a similar crime in the house of another woman where he was caught - Death sentence awarded to the accused confirmed - Held, subsequent conduct of the accused indicates that he is a menace to society and is incapable of..........
