Indian Penal Code, 1860, Section 302, 419, 402, 201, 120B -- Murder - Evidence on record shows culpability of accused to have conspired to the murder of deceased by first assaulting him with an iron reti in the leg and then set him ablaze alive by over powering in temple in the dead of light - Report was also made to police posing as if accused no.1 committed suicide -..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Sole eye witness of incident assigned no role to accused `R' - Accused `R' neither present at the place of incident nor he assaulted deceased - Eye witness named all accused except accused `R' - Trial Court and High Court committed error by convicting accused `R' - Conviction & sentence set aside - Accused `R'..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Testimony of eye witness not reliable - Recovery of axe, spade and blood stained clothes not proved on record - Delay in filing FIR not satisfactorily explained - Information regarding dead bodies doubtful - Extra judicial confession also not reliable - Prosecution failed to proved its case..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302 -- Child witness - Murder of wife by husband - PW6 an eye witness was 3-1/2 years old at the time of incident and approximately 4-5 years old at the time of recording of her statement - Statement of PW6 shows that she was not mature enough to understand all questions and implication of her replies -..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Cause of death - Post mortem report shows that cause of death was asphyxia due to smothering - However, eye witness PW6 stated that it is a case of both strangulation or hanging - Medical evidence negated the cause of death as stated by PW6 - Possibility of deceased dying due to consumption of insecticide..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Quashing of summoning order - Prima facie commission of alleged offence disclosed from the statements of witnesses - Reason for delayed recording of statements is also disclosed in the daily diary report - Evaluation of truth or falsity thereof, would be possible only after evidence is recorded - Impugned order..........
Indian Penal Code, 1860, Section 302 -- Murder - Guilt of accused has to be proved beyond reasonable doubt and burden of proving charge of offence against accused is always on prosecution - Merely because accused has taken a particular defence either at the time of argument while framing of charge or at the time of filing of bail application, does not absolve prosecution..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased suffering from acute schizophrenia - Cause of death was head injury which proved fatal, caused due to sudden fall - Accused took a specific defence that since deceased was mentally ill she sustained injuries on her head by herself - Prosecution failed to prove that accused committed alleged..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Cause of death was septicemia due to extensive burning - Deceased stated in her dying declaration that kerosene oil was poured on her and a burning match was threw on her by accused - Dying declaration of deceased proved on record - Merely because deceased died more than one month after the incident does not..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - Death by burning - 60% burn injuries - Dying declaration - Deceased confessed that accused poured kerosene oil on her and her mother-i, law lighted the fire - Though deceased was initially protective and wanted to save accused persons being mother of two children but subsequently when she realized that..........
