Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Accused allegedly kidnapped and murdered 6 years old child - Dead body found in a drain which was flowing adjoining a place accessible to public - Evidence of accused being last seen in company of deceased, by itself, not incriminating - Incriminating circumstance of accused making disclosure statement..........
Criminal Procedure Code, 1973, Section 302 -- Offence - Second trial - Police split FIR - All accused tried under Essential Commodities Act, 1955 - Different prosecution launched under Indian Penal Code against same accused - Evidence led in both cases exactly same - Accused acquitted of offence under Essential Commodities Act - Incident, facts and basis identical -..........
Indian Penal Code, 1860, Section 147, 302 -- Conviction - Ocular evidence and medical evidence in conflict as to nature of injury - One witness turned hostile - Some of the witnesses of the same family and inimical to accused and not supported by independent witnesses - No evidence as to which injury resulted into death - Land dispute between parties - Injuries on the..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused allegedly fired pistol shots at chest of deceased resulting into his death - Ocular evidence quite consistent with prosecution version, regarding time, place and manner of occurrence and gets assurance from medical evidence - Prosecution case cannot be thrown merely on the ground of non-investigation on criminal..........
Indian Penal Code, 1860, Section 302 -- Death by hundred percent burn injuries - Accused did not make any effort to put off fire rather he restrained injured to run out of kitchen - Accused was found present by independent witnesses in room which was bolted from inside - Conviction, held, proper...........
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Grant of pardon to convicts by Governor - Seven accused convicted and sentenced to life imprisonment by trial court - Governor granted pardon to three of the accused pending appeal by pronouncing their innocence - Order of Governor set aside - Held, to decide the innocence or otherwise of..........
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Grant of pardon to convicts by Governor - Judicial review - Grounds are : (a) that he order has been passed without application of mind; (b) that the order is mala fide; (c) that the order has been passed on extraneous or wholly irrelevant considerations; (d) that relevant materials have..........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution allegation that accused suddenly appeared from sugar cane field and fired at former's father resulting into his death - Occurrence took place at night, thus no possibility of witnesses to have identified accused persons - Evidence of witnesses identifying accused persons with specific overt act neither credible..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Death due to gun shot injury - Witnesses stated in unequivocal terms that none of assailants was standing in front of deceased and no one fired a shot on any of frontal parts of body of deceased - Medical evidence showed that injury which caused death was Chest Cavity deep which could be caused..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof of - All accused persons along with deceased had started from Salarpur in truck for going to Gondal - On the way, episode occurred whereby deceased was done to death by A2 causing head injury to deceased - A3 inflicting knife blows to deceased - It also transpires that A1 and A4 were also present in cabin and they had..........
