Criminal Procedure Code, 1973, Section 433A, Indian Penal Code, 1860, Section 302 -- Murder - Premature release - Petitioner had already undergone his mandatory minimum sentence required under the provisions of Cr.P.C. as well as Jail Manual framed by State - Case of petitioner does not fall under heinous crime as per State Jail Manual and recommendations made by State..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused No.2 assaulted deceased with club at first instance, consequent upon which deceased fell down, thereafter accused No.1 lifted the stone and threw it on the head of deceased and accused No.1 also threw another stone on the head of deceased - Both the accused actively participated in the offence..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death by burning - Dying declaration - Accused poured kerosene oil on deceased and set her on fire - Dying declaration of deceased is inadmissible and not reliable as it was recorded without certifying the fit condition of deceased and it does not bear the signature or thumb mark of deceased - Mother..........
Indian Penal Code, 1860, Section 302 -- Murder - Identification of place of crime - No identification is required as police was already aware where murder had taken place and where body was discovered - Moreover, there was wide publicity of fact that a dead body was discovered from the place of murder - Said fact was already published in newspaper - Identification of place..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of earnings and clothes of deceased - Independent witnesses of recovery not examined as a witness - Prosecution withheld material witnesses from Court - Adverse inference should be drawn against prosecution - Recovery of clothes belonging to deceased said to be recovered from the place..........
Indian Penal Code, 1860, Section 302 -- Murder - Family members of deceased turned hostile - They denied the fact that written report was filed by them and they also denied the fact that accused has ever made any extra-judicial confession before them - No direct evidence against accused - Moreover, circumstantial evidence also not proved - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred due to prior enmity - Nothing on record to establish free fight between deceased and accused - Nature of injuries suffered by deceased does not show that injury was suffered accidentally - There are multiple wounds on the body of deceased and his face is disfigured - Accused inflicted fatal..........
Indian Penal Code, 1860, Section 302 -- Murder - Reliability of evidence - There is enough evidence on record to prove that accused was responsible for causing death of accused - All PWs supported case of prosecution - Both Courts below have rightly found the evidence of eye witnesses to be reliable which is corroborated by last seen evidence - No interference warranted in..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Murder - Appeal against conviction u/s 302 IPC - As per statement of two injured eye-witnesses cause of death was coma due to head injury - In absence of any sudden provocation merely absence of motive does not bring home lesser charge - Conviction u/s 302 IPC held, proper...........
Indian Penal Code, 1860, Section 302 -- Honour killing - Run away couples - Investigation - Every case of honour killing shall be considered for entrustment a high power officer for investigation not below the rank of a Deputy Superintendent of Police and under the direct control and supervision of Senior Superintendent of Police...........
