Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Murder - Death by burn injuries - Dying declaration - Dying declaration that husband after quarrelling with her threw a burning kerosene lamp on her - Dying declaration corroborated by PW 3 - Appellant was present in the room when deceased sustained injuries - FSL report proved that smell of..........
Indian Penal Code, 1860, Section 302, 304 PartII, Criminal Procedure Code, 1973, Section 374(2) -- Murder - Alteration of conviction - Conviction for causing death of wife by assaulting her on head - On first instance deceased came with an axe and assaulted accused which enraged accused and he snatched axe and assaulted deceased - Accused assaulted deceased in a sudden..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 307, 302 -- False encounter - Police killing a person in false encounter - Prosecution of police officers - Sanction for prosecution of Police Officers, not required - To eliminate a person in a false encounter is no part of official duty and by no stretch of imagination can take the colour of an..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 307, 302 -- Two FIR's - An alleged terrorist killed by police in an counter - FIR lodged under S.307 IPC - CBI investigated the matter and found that it was conspiracy to kill the person who was an alleged terrorist - Two FIRs in respect of same matter - First FIR lodged against deceased for..........
Indian Penal Code, 1860, Section 302, 364, 120B -- Death penalty - Kidnapping of 13 children on different occasions to use them in theft activities and killed children when they were found to be of no use - Nature of crime and systematic way in which child where kidnapped and killed amply demonstrates the depravity of the mind of appellants - Appellants menance to society..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical opinion that deceased died of cardio respiratory failure - PW3 a witness of extra judicial confession not reliable as fact of making extra judicial confession disclosed after three months - As per extra judicial confession appellant had gone to the house of deceased and tried to molest her and when she objected and..........
Indian Penal Code, 1860, Section 364, 376, 302 -- Rape and Murder - Death sentence - Accused enticed a 5 years old girl on the pretext of giving her balloon and committed rape on her - Later he inserted a stick in her vagina to murder her - Accused caught red handed in a naked state - Doctor opined that the death was caused due to shock and haemorrhage as a result of..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Common intention - Accused, 14 in number duly armed came to the house of deceased in a group and started assaulting him - Accused were carrying pistols, gandasas, lathies and spears - In the circumstances highly impossible for the informant to pin point the exact overt acts committed by each accused individually -..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Common intention - Accused, 14 in number duly armed came to the house of deceased in a group and started assaulting him - Accused were carrying pistols, gandasas, lathies and spears - Autopsy surgeon opined that death took place 10 days before post mortem - Doctor may not pin point the exact time of death...........
Evidence Act, 1872, Section 134, Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Common intention - Independent witness - Accused, 14 in number duly armed came to the house of deceased in a group and started assaulting him - Accused were carrying pistols, gandasas, lathies and spears - Offence committed in a village owing to land dispute - When an offence is..........
