Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Nature of death of deceased was homicidal and cause of death was asphyxia due to strangulation - Deceased suffered injuries on her neck and ligature marks and other injuries were also found on her body on the date of incident - Sari used in strangulation also seized..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused in an open place - Merely because dead body of deceased was recovered from an open place, it cannot be held that dead body of deceased was recovered at the instance of accused...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession by accused made before 200-300 persons, wherein firstly accused refused before them regarding commission of murder but on being insisted and repeatedly asked he has made confession that he has committed murder of his brother - Extra judicial confession..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Last seen theory - Merely because accused was last seen with deceased, he cannot be convicted solely on that basis, particularly when there is no other connecting links and no other incriminating circumstance which leads to hypothesis of guilt against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Two extra judicial confessions - Acquittal of some co-accused but conviction of appellant - If such week piece of evidence of co-accused was not duly proved or found trustworthy for holding other co-accused guilty of committing..........
Indian Penal Code, 1860, Section 302, 149, 148, Arms Act, 1959, Section 25, 27 -- Murder - Presence of accused established all through which was referred to in FIR and in the evidence of all concerned eye witnesses - Eye witness account shows participation of accused in the initial scuffle in which deceased were pushed as well as in the exhortation - Evidence of eye..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was strangulated to death by accused and an attempt was further made to conceal his identity by pouring acid over the body - Medical evidence shows that deceased was assaulted by two or more persons and that injuries were homicidal in nature - Landlord of..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence Act - Deceased died otherwise than under normal circumstances within a period of seven years of her marriage - However, there is lack of satisfactory and reliable material to indicate that deceased was subjected to cruelty or harassment by accused at..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
