Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Offence committed without any premeditation and in heat of passion on a sudden quarrel - Conviction altered from S.302 to S.304 Part II IPC...........
Indian Penal Code, 1860, Section 302, 498A -- Cruelty and murder - Appeal against conviction - In two dying declarations deceased/wife consistently stated that appellant inflicted blows on her head as she refused to withdraw maintenance proceedings against him - As per evidence deceased was totally unarmed and there was no provocation from her side - As per post mortem..........
Indian Penal Code, 1860, Section 302 -- Murder - FIR lodged after 8 years - Deceased was missing from village for 8 years - Bones of deceased recovered on basis of disclosure statement - Accused convicted by trial Court - Skeleton found sent for chemical examination does not show that the same pertains to the deceased - There were numerous graves of Muslims and thus it was..........
Indian Penal Code, 1860, Section 302 -- Testimony of sole eye witness convincing, reliable and trustworthy - Conviction can be based on the reliable and convincing evidence of the sole eye witness...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused no.1 had given knife blow piercing through chest and lung of deceased - Act of accused and seriousness of injury clearly shows that accused had intention and knowledge that his act of hitting on vital parts of deceased would definitely cause death - Therefore, guilt of accused is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction of co-accused no.2 & 3 - In absence of any allegations regarding co-accused carrying weapons and in case of serious doubts regarding their presence at place of occurrence - Prosecution story found to be unbelievable - Therefore, co-accused entitled to benefit of doubt - Conviction of accused..........
Indian Penal Code, 1860, Section 302, 367, 34 -- Murder - Appeal against acquittal - Even though there is property dispute existing between parties but in FIR there is no mention regarding the two plots where the incident took place and who was in actual possession of plots - Deposition of prosecution witnesses found to be full of contradictions - As per medical report..........
Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Appreciation of evidence - All witnesses are Telugu speaking persons - I.O. had no knowledge to said language - I.O. had taken help of a constable to interpret statements of witnesses - Unfortunately said constable was not examined - Weapons of offence have not been seized by Police - Injury sustained by..........
Indian Penal Code, 1860, Section 302, 307 -- Accused assaulted deceased with knife on his chest when deceased and PW were returning from fields after answering call of nature - PW when protested was also assaulted by accused - Occurrence took place in dark cloudy night when known and acquainted persons even from a close distance cannot be identified - Evidence of PW that..........
Indian Penal Code, 1860, Section 302 -- Circumstantial evidence - Dead body found in the house of appellant - Deceased died homicidal death having several injuries on her body - Appellant had no explanation how deceased died a homicidal death inside his house - Conviction upheld...........
