Indian Penal Code, 1860, Section 302 -- Murder - Case based on circumstantial evidence - Place of occurrence - Consistent evidence that murder took place in room No.7 of hotel - Room whether on first floor or second floor as it came in evidence of witnesses is not really material - PW2 witness of extra judicial confession was reliable - Non mention of confession by PW2..........
Penal Code, 1860, Section 302,304 -- Conversion of charge - Application for - Injuries on non-vital parts of the body caused by Dang - Seat of injuries suffered by deceased and weapon of offence used by the accused showing that the accused never intended to cause his death - Mens rea to kill the deceased missing - Addl. Sessions Judge rightly declined petitioner-s..........
Evidence Act, 1872, Section 76 -- Birth and death register entry - Can be proved by filing certified copy...........
Criminal Procedure Code, 1973, Section 209 -- Charge u/s 307 IPC - Death of victim after a month - Supplementary charge-sheet u/s 302 IPC filed and cognizance of offence taken - Held, cognizance is not taken on a particular section of offence or a particular accused - Any subsequent addition or deletion in section and of accused can be made subsequent to taking cognizance...........
Criminal Procedure Code, 1973, Section 209, Indian Penal Code, 1860, Section 302 -- Charge u/s 307 IPC - Death of victim after a month - Framing of charge u/s 302 IPC - Contention that death could not be said as a consequence of injuries caused - Held, cause of death can be determined on broad probabilities - Time gap between date of injuries and date of death is not..........
Indian Penal Code, 1860, Section 302, 96, 99, 103 -- Right of private defence - Complainant party trespassed upon land of accused party in order to take forcible possession and caused simple injuries on head of accused party - Accused party causing death of complainant party - Held, accused did not exceed right of private defence as the injuries were on vital part and..........
Indian Penal Code, 1860, Section 34, 302, 96, 99, 103 -- Common intention - Right of private defence - Accused persons causing death of a person by exceeding their right of private defence - They are individually responsible and cannot be convicted with aid of S.34 IPC - It cannot be said that murder was committed in pursuance to common intention - Common intention has..........
Indian Penal Code, 1860, Section 300 -- 'Thirdly' - Culpable homicide is murder if following conditions are substantiated: (1) First, it must establish, quite objectively, that a bodily injury is present; (2) Secondly, the nature of the injury must be proved. These are purely objective investigations; (3) Thirdly, it must be proved that there was an intention to inflict..........
Indian Penal Code, 1860, Section 300 -- Clause Thirdly - Culpable homicide amounting to murder - Accused causing bodily injury - Even if the intention of accused was limited to infliction to bodily injury sufficient to cause death in the ordinary course of nature and not extended to the intention of causing death, the offence would be murder - Illustration (c) to S.300..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3, 45 -- Murder - Circumstantial evidence - Enmity between two brothers over sharing of properties - Deceased present in house of accused at time of incident - Accused bringing gun and firing at deceased causing death - Theory of accidental fire in course of scuffle set up in defence - Not acceptable as..........
