Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7, 7A, Indian Penal Code, 1860, Section 302, 201, 498A -- Plea of juvenility - Offence u/ss 302, 201, 498-A IPC - Determination of age of juvenile - Age of person as mentioned in ration card has no legal sanctity, thus it cannot prevail over entry made in School register regarding age of person - Since..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Foundation of last seen theory is based on principles of probability and cause and connection - Where a fact has occurred with a series of acts, preceding or accompanying it, it can safely be presumed that fact was possible as a direct cause of preceding or accompanying acts,..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Deceased allegedly left the company of accused and co-accused at night - Body of deceased was found next morning - Prosecution failed to adduce any evidence with regard to distance between place of occurrence and residence of deceased where he was last seen in the company of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of recoveries is doubtful and hence not proved - Motive of crime also not proved, as it would not be safe to act upon belated and solitary assertion of PW3 to hold that motive behind commission of offence stands established - As regrading last seen theory, that itself cannot be a ground to..........
Indian Penal Code, 1860, Section 302, 304 -- Part-I - Nature of offence - Deceased died due to gunshot injury inflicted by accused - Intention on the part of accused in causing bodily injury was likely to cause death - It cannot be believed that accused did not know about the likelihood of causing death, though, he may not know as to whom he is causing bodily harm, but his..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of a young man aged 28-30 years - Homicidal death and wounds caused by sharp edged weapon - Mutilated headless corpse recovered from a carton box, both hands, legs and genitalia chopped off - Identity of deceased proved on record - Call records with location chart affirms charge against accused - Recoveries at the..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Mutilated headless corpse recovered from a carton box, both hands, legs and genitalia chopped off - Accused proved to be guilty of murder - However, case of accused would not fall in the category wherein extreme sentence of death by capital punishment would not be justified and at the same time possibility..........
Indian Penal Code, 1860, Section 392, 302, 449 -- Robbery and murder - Death sentence - Accused allegedly committed murder of jewelery shopkeeper by cutting his neck and stabbing after tightly holding him - Deceased not even in the position to resist or struggle as he was a small man as compared to accused - Offence committed in a cool, calculated and gruesome manner -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Deceased and accused were last seen together before two days from the date of death of deceased - No effort was made to find the deceased till about two days had passed - Discrepancy is even found in the statement of last seen witnesses - There is not an iota of evidence from..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by accused in matrimonial home - Incident took place in the matrimonial home - Accused residing in Bombay and he used to come to village once in two months - Absence of any material to show that accused had come from Bombay during relevant point of time - It will be very hard to believe the case of prosecution..........
