Indian Penal Code, 1860, Section 302, 34 -- Murder - A girl aged two years was murdered by her own mother and grand maternal mother by administering poison - Ocular evidence duly supported by medical evidence proves that deceased died due to poison - Plea of accused that complainant in conspiracy with the wife of PW3 with whom he has illicit relations has committed the..........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 313 -- Murder - Examination of accused - High Court committed error by setting aside Trial Court judgment of conviction and remanded the matter back for retrial decision afresh on the ground of defective examination of accused u/s 313 Cr.P.C - However, accused did not raise any question..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Criminal Procedure Code, 1973, Section 439 - - Murder - Dowry death - Deceased committed suicide and a suicide note was found near the body of deceased - In the suicide note there was no allegations of maltreatment on account of demand of dowry at the hands of husband of deceased and rather deceased appreciated the conduct..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Source of light - Complainant stated that in the light of torch and bulb he identified the accused persons very well - Torch has been produced before Court but place of bulb not shown in site plan - In absence of electric supply bulb may be lighted with battery and inverter or generator - Nothing on record to..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Reliability of complainant - Nothing on record to disbelieve that deceased and complainant were not going together at the time of occurrence - Presence of complainant and deceased may not be denied on the ground that no blood stain was found on his clothes or body - Their presence at the time of occurrence said..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - False implication - Grandmother of complainant was also murdered by other accused persons of the same village before this occurrence but complainant has not named those accused persons in present murder case due to previous enmity - Plea of false implication due to animosity not accepted as complainant being son..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Solitary evidence of complainant - Injury by fire arm from back side and with close range - Occurrence has been witnessed by complainant as well as two other witnesses but they both declared hostile - Complainant is trust worthy witness as his statement is fully in consonance with version of FIR and is..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Plea of juvenility - Accused `J' has not pressed himself his application regarding juvenility before Trial Court therefore raising plea of juvenility before this Court is barred by principle of Res judicata as well as principle of estoppel - No evidence on record to show accused `J' was juvenile at the time of..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Petitioner seeking direction restraining authorities arresting him - Active role has been attributed to petitioner and he is named in FIR - Alleged occurrence has taken place in presence of administrative and police officers - One police..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Prayer as to transfer of case to C.B.I for investigation by accused - Investigation of Criminal case may not be conducted at the choice of accused but fair investigation is right of both complainant and accused - No proper reason to say that..........
