Indian Penal Code, 1860, Section 302,34, 498A -- Murder - Conviction of brother-in-law - Sustainability - Inconsistency in respect of act of accused casting doubt about his involvement in incident - Seems possible that deceased might have roped him because of his being brother of her husband - Held, since statement of deceased cannot be subjected to cross-examination, it..........
Indian Penal Code, 1860, Section 302, 34, 157(1) - - Murder - Conviction - Sustainability - Copy of FIR was not sent to Illaqa Magistrate at all - No explanation has been brought on record for said lapse - Firstly the FIR was lodged in regard to assault given by tabbal but when post-mortem report came and no injury of tabbal was found version was changed and story of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Acquittal calls for no interference as (i) Delay of 12 hours in lodging FIR not satisfactorily explained; (b) Chance witness not inspiring confidence of Court; (c) Most natural and probable witness of the incident not put up as witness by prosecution; (d) Contradiction in statement of witnesses regarding source of light;..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Summoning order - Quashing of - Petitioners are married sisters of husband of deceased - They were married even before marriage of their brother and living separately - No specific allegations against petitioners - Held, summoning order liable to be quashed - Petition..........
Indian Penal Code, 1860, Section 302, 34, Motive -- Common intention - Murder - One out of the two accused convicted u/s 302 IPC - Appellant convicted u/s 302 with aid of S.34 IPC - Contention that Appellant had no enmity with the deceased - Evidence shows though appellant had brought no weapon with him, but it was appellant who had given first blow on head of deceased..........
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- Murder - Proof - Interested witness - Appellant convicted u/s 449, 341 and 302 r/w S.34 IPC - Contention that PW2, PW3 and PW4 who were examined as eye witnesses turned hostile - Conviction cannot be based solely on evidence of PW1 who is elder brother of deceased -..........
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- FIR - Statement of witness - Discrepancy - PW6, sister of deceased stated in her evidence that her statement was recorded around 10 A.M. - FIR got registered by elder brother of deceased at 11 AM - PW6 stated in her evidence that she took deceased to hospital in an..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Watchman found burnt dead - Conviction - Appeal - PWs.3 and 4, auto driver by profession claimed to pass through the place of occurrence at the time of incident i.e. 3 A.M. - They remained silent for 35 days despite having come to know from newspaper next day that deceased watchman had died - No explanation has been..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Proof of - No evidence of existence of pre-arranged plan or a prior concert - No evidence at all of prior meeting of minds - Conduct of appellant No.1 and No.2 would show that they never shared a common intention with appellant No.3 for inflicting knife injury to deceased by appellant No.3 - Held,..........
Indian Penal Code, 1860, Section 302, 34 -- Death causing by strangulation with a rope - Conviction - Appeal against - Deceased sneaked into the house of accused and had sexual intercourse with deceased `P' - Accused on seeing them in compromising position must have killed them - Post mortem report that semen was found in the vaginal swabs of deceased `P' - It was a case..........
