Indian Penal Code, 1860, Section 302 -- Murder - No eye witness - Evidence of wife of deceased that she last saw her husband going with a male and female and a child - Said persons not previously known - Description sufficient to establish their identity never disclosed - Test identification parade not held - Conviction set aside...........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - Nineteen injuries caused in quick succession - Cannot be said to have been caused as a result of grave and sudden provocation - The very fact that so many injuries were caused in quick succession on vital parts of body particularly when deceased was unarmed and in a helpless situation is sufficient..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - High Court confirmed the order of conviction against appellant passed by trial Court - Motive of offence considered - Trial Court committed no illegality in relying upon testimony of PW3 - Appeal dismissed...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of prosecution witnesses corroborated by each other as well as medical evidence - Evidence of defence witnesses not reliable and trustworthy - Prosecution proved its case - No reason to disturb concurrent findings of Courts below - Appeal dismissed...........
Indian Penal Code, 1860, Section 147, 148, 149, 302 -- Murder - Material contradictions in testimony of witnesses and possibility of Investigation Officer to concoct a false case with their help - Accused entitled to benefit of doubt - Conviction set aside...........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 302 -- A person found to be in possession of property belonging to deceased - Presumption may be in respect of commission of theft or receipt of stolen property - On such presumption alone accused cannot be convicted for the offence of murder particularly when on the same evidence other persons had been..........
Indian Penal Code, 1860, Section 302 -- Murder by poison - Prosecution must establish four important circumstances viz. (i) there is a clear motive for an accused to administer poison, to the deceased; (ii) that the accused had the poison in his possession; (iii) that he had an opportunity to administer the poison to the deceased; and (iv) that the deceased died of poison..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal against conviction - Appellate Court has to record reasons - Mere fact that accused was on bail during trial and he did not misuse his bail is not a ground to suspend the sentence - In case of murder and serious offences, it is only in..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302 -- Murder - Acquittal by trial Court - Conviction by High Court - Reversal of trial court's judgment should be made in cases where the view taken was not possible on the evidence or perverse with the broad understanding that if two views are possible, the one taken by the trial Court in favour..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused seen coming out of room of deceased and one appellant was carrying acid bottle - No reason to disbelieve evidence of witnesses which was corroborated by medical evidence - There was strong motive for accused to kill deceased to grab the property - No reason to interfere with conviction..........
