Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Common intention - Accused after dragging deceased in the gate, suddenly took out a knife from his back pocket and assaulted the deceased - No evidence that co-accused facilitated accused to cause knife injuries to the deceased - No evidence that co-accused were having knowledge that accused was holding a knife in..........
Criminal Procedure Code, 1973, Section 302, Protection of Woman From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22, Indian Penal Code, 1860, Section 376 -- Proceedings under Act of 2005 - Allegation of offence punishable u/s 376 IPC - Cannot be tried by Magistrate exercising power under Act of 2005 - S.300 Cr.P.C. does not apply...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused gave blows to deceased with fists and kicks - There was no repetition of injuries - Accused persons were not armed with any weapon - Deceased died due to blunt injury on abdomen - Held, there was no intention or knowledge to kill deceased - Conviction u/s 302 and 302/34 IPC altered to one u/s 323 IPC - Since..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in disclosing material facts to the investigation officer at the very first opportunity when the first statement was recorded - Witness not stating that he saw the deceased in the house of the accused - Warrants an inference that his second statement claiming to have seen deceased in the house of the accused is a..........
Indian Penal Code, 1860, Section 302 -- Murder - Two sets of statements of material witnesses - One set helping accused and other helping prosecution - Both conflicting with each other - Benefit must go to accused...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Three accused caused death by giving repeated lathi blows on the head of deceased - There was no previous enmity between the parties - Occurrence an offshoot of trifling issue, that too two days prior to the incident - Parties closely related to each other - Death as per medical evidence occurred due to cumulative fact of..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death within seven years of marriage - Unnatural death - No evidence that there was ever demand of dowry or that deceased was subjected to cruelty for demand of dowry - Held, this is not a case of dowry death - Conviction u/ss 304-B, 498-A IPC and Ss.3, 4 Dowry Prohibition..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Unlawful assembly - Seven accused armed with lethal weapons, two with guns and others with spear, farsa, lathi etc. arrived at the land in dispute - One of the accused fired at the deceased - From the nature of weapons it is clear that as members of unlawful assembly they were determined to teach a..........
Indian Penal Code, 1860, Section 302, 201 -- Murder and destruction of evidence - Case resting on circumstantial evidence - Dead body of deceased recovered from gorge of river - Evidences of witnesses that there was quarrel between deceased and mother of accused about 8/10 days prior to the occurrence - This evidence cannot be construed so as to warrant inference that such..........
Indian Penal Code, 1860, Section 449, 302, Evidence Act, 1872, Section 3 -- Murder - Eye witnesses mother and wife of deceased - Conduct of wife and mother in not raising any alarm either in the presence of the accused persons and after they had left by not making any attempt to take deceased to doctor or to call the doctor to attend him and not reporting the matter to any..........
