Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Double murder - Murder of wife and daughter by husband - Two fold motive - One being love affair of husband with a girl, whom he wanted to marry but wife and daughter were hindrance - Other was the no, fulfilment of dowry demands by father of wife - Said love affair of husband was neither proved nor any..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Two eye witnesses - Material alterations in the testimonies of eye witnesses viz. (i) PW1 came to the spot after information sent to him by police, he cannot be said to be an eye-witness to the offence; (ii) PW4, admittedly saw the dead body of deceased lying in pool of blood in rear seat of car..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Double murder - Murder of wife and daughter by husband - Defence version - Sequence of events and injuries do not exclude the defence version - Defence needs to only establish its case based on probability, whereas prosecution has to prove guilt of accused beyond reasonable doubt - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Double murder - Recovery of country-made pistol and an empty cartridge at the instance of accused - It is not material recovery which has to be proved, but disclosure based upon which recovery is made - Pivotal fact is making of statement to police which leads to recovery - However, during investigation,..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A -- Dying declaration - Death by burning - Deceased sustained 88% burn injuries - Dying declaration was recorded by Naib Tehsildar after she was informed vide a Memo by police authorities - However, police official who delivered the Memo was never produced or examined before Court - Naib Tehsildar..........
Indian Penal Code, 1860, Section 302, 498A -- Death by burning - Deceased sustained 88% burn injuries - Cruelty - Letters allegedly written by deceased to her father in her own handwriting disclosing mental and physical cruelty imputed on deceased by her i, laws - However, no efforts made to investigate the handwriting of deceased - Material improvements in the testimonies..........
Indian Penal Code, 1860, Section 302, 452, 148, 201, 34 -- Double murder case - Name of accused `R' does not appear until testimony of Pws conducted before Court - Unrelated witnesses does not named the accused `R' directly and they did not even identify him in Court at the time of trial - While they specifically recognized the other accused present in the Court - There is..........
Indian Penal Code, 1860, Section 302, 452, 148, 201, 34 -- Double murder case - Eye witnesses - Testimonies of each of six witnesses have been proved and corroborated by other - Although three witnesses were related to deceased but their presence was very natural and each explained good details of occurrence - Other three villagers who saw the incident seemed natural and..........
Indian Penal Code, 1860, Section 302, 452, 148, 201, 34 -- Double murder case - Enhancement of sentence to death penalty - Previous enmity between parties existed - Accused proved to be from the same village who are neither having any criminal antecedents nor they are history-sheeters - Case is an apparent example of family feud gone horribly wrong - Accused are not posing..........
Indian Penal Code, 1860, Section 302, 419, 402, 201, 120B -- Murder - Motive - Accused not only murdered the deceased but also covered up the incident of murder to be that of suicide of accused no.1 - Motive of crime is to eliminate the deceased as he was a contender of one girl with whom accused no.1 was in love - Not only accused persons were fully aware of said fact but..........
