Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - 100% burn injuries - No eye witness - Dying declaration was not mentioned in FIR - Complainant is deeply interested in conviction of accused as he admitted that he had a strong enmity with accused on issue of land - All PWs unreliable - Improvements and contradictions in statements of PWs - Dying..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Extra judicial confession of co-accused - Weapon of offence not attributed to appellant but was allegedly used and thrown by deceased accused - It is difficult to appreciate and accept that blood would remain on pharsa when it remained in water for six days - Purchases made from PWs are not covered..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Circumstantial evidence - Deceased found murdered in the bathroom of her house - Factum of illicit relation of deceased with father of accused not proved which is a strong motive for accused to commit murder of deceased - Daughter of deceased and domestic servant does not support the prosecution case - Even..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Circumstantial evidence - Recovery of blood stained clothes and weapon of offence - Recoveries affected at the instance of accused but no independent witness was joined to recovery and disclosure statement - FSL report shows that human blood found on clothes of accused matched with blood group of deceased - Such..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32, 106 -- Murder - Death by burning - Dying declaration - Victim sustained burn injuries at her matrimonial home - She was not rushed for medical aid immediately after the occurrence - How and in what manner deceased sustained burn injuries was solely in knowledge of appellants - But they have not..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Cruelty - Dowry death - Non-examination of independent witness itself is not fatal as parents of deceased are consistent in their stand and despite cross-examination, nothing could be elicited to discredit their testimony - Their testimony is quite credible regarding illegal demands of colour TV and a plot by appellants and..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Dowry death - Demand of dowry - Mere fact that no complaint was made by parents of deceased to Biradari Panchayat or to Anti-Dowry Cell regarding illegal demands of dowry or harassment by accused persons does not lead to conclusion that no such demands were made as witness has explained that no such complaint was made..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Dowry death - Non examination of any independent witness as to demand of dowry or harassment - It is of no consequence, inasmuch as, such like incidents happen within the four walls of matrimonial home and except for the bride even this fact does not come to notice of her relatives unless demand is either made directly from..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Dowry death - Plea of suicide - If appellants had no role to play in the death of deceased, no explanation has been furnished by them as to why they themselves did not inform the police regarding the commission of suicide by deceased as alleged...........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Cruelty - Dowry death - Common intention - Plea of suicide - Appellants contented that deceased committed suicide, if that was so, why did the appellants themselves not inform the police about unnatural death of deceased - External injuries inflicted upon deceased were inconsistent with theory of suicide - Onus of proof was..........
