Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Deceased subjected to severe beatings at the hands of accused which led to their death - Dead bodies of deceased were dragged by accused and after that lying in the house of one of accused - On hearing hue and cry, all the witnesses rushed to the place of incident and saw the incident - PWs proved..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping & murder - Accused also charged with fabricating power of attorney and selling properties of deceased - Though deceased was an unmarried lady but she has two sisters and nephews, living in the same place and there is no reason to give power of attorney to appellant being a total stranger - Voter card of deceased..........
Indian Penal Code, 1860, Section 302, 341, 506(ii) -- Murder - Deceased receiving 16 stab wounds on his body, soon thereafter deceased lost consciousness - Both the carotid artery and jugular vein were found cut and was sufficient in the ordinary course of nature to have caused death - Assault was deliberate and designed to achieve the death of deceased - Evidence of PW1..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Attack was not a premeditated one nor was there a prior concert - Initially settlement talks were on and fight started suddenly - Accused were not armed as they collected sticks from bullock card on the exhortation by A-1 - There may be similar intention in the minds of accused but it cannot be said..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of dead body - It is neither an absolute necessity nor an essential ingredient to establish corpus delicti - Fact of death of deceased must be established like any other fact...........
Indian Penal Code, 1860, Section 364A, 302, 201 -- Abduction for ransom - Murder - Circumstantial evidence - Absconding of accused - Mere absconding of accused after the incident by concealing his identity by itself is not sufficient circumstance on which he can be convicted, unless other circumstances sought to be proved against him to sustain his conviction are proved by..........
Indian Penal Code, 1860, Section 364A, 302, 201 -- Abduction for ransom - Murder - Circumstantial evidence - Prosecution alleged 13 circumstances against accused, however, conviction based on 9 of them - Neither single circumstance nor all those circumstances, not making any chain of circumstances so complete against accused so as to unerringly point the finger of guilt..........
Indian Penal Code, 1860, Section 364A, 302, 201 -- Abduction for ransom - Murder - Circumstantial evidence - False explanation given by accused - Giving false explanation and not giving any satisfactory explanation, can by itself not a circumstance against accused because it is dependent on several other circumstances - Since other circumstances are not proved against..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Attack was not a premeditated one nor was there a prior concert - Initially settlement talks were on and fight started suddenly - Accused were not armed as they collected sticks from bullock card on the exhortation by A-1 - There may be similar intention in the minds of accused but it cannot be said..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Merely because gun/fire arms could not be sent to ballistic expert/forensic science laboratory for opinion or if the report of ballistic expert though received but not produced, that would not be fatal to prosecution case because there is enormous evidence..........
