Indian Penal Code, 1860, Section 302, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 30 -- Murder - Circumstantial evidence - Place of incident - In every case of gun firing, it is not required that each and every bullet should hit the target - There may be attempts by deceased or the victim to save himself from raining bullets, and in which case, bullets may not hit..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 30 -- Murder - Circumstantial evidence - Evidence on record is trustworthy and consistent, and there is only one view, which points to the guilt of accused - There are minor discrepancies in the evidence of witnesses but such minor discrepancies should not come in the way of other..........
Indian Penal Code, 1860, Section 147, 149, 302, 201, 342, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 147, 149, 302, 201 & 342 - Name of petitioner not mentioned in FIR and he was subsequently implicated only on the basis of disclosure statement of co-accused - No specific role attributed to accused - Pws have not supported the prosecution case -..........
Indian Penal Code, 1860, Section 302, 498A, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Cruelty - Circumstantial evidence - Deceased was subjected to cruelty on the day of occurrence and she died due to multiple injuries - Dead body of deceased recovered from well - Family members of deceased deposed that relations between deceased and her husband/accused..........
Indian Penal Code, 1860, Section 498A, 306, 201 -- Cruelty - Abetment of suicide - Wife committed suicide because her husband developed extra marital affair - Accused not guilty of offence u/ss 498-A & 306 IPC as it cannot be held that mental cruelty was of such a degree that it would drive wife to commit suicide - Moreover, there is no allegation of physical torture by..........
Indian Penal Code, 1860, Section 201, 498A, 306 -- Accused found not guilty of offence u/ss 306 and 498-A IPC - Conviction u/s 201 IPC not sustainable...........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Reduction of sentence - Brother of present appellant committed murder of his wife - Appellant who lived away took no part in offence - But some recoveries were made on the strength of disclosure statement of appellant which was sufficient to implicate appellant in commission of offence - However, taking into..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of four years old girl - Motive - Merely because accused was living as a servant or he was sleeping in same courtyard or he was known to child and that too as a child of the family it cannot be concluded that he had motive to commit the rape and murder of child...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of four years old child - Accused was a servant in complainant's house - He was arrested from the complainant's house - Merely because human semen was present on vaginal swab of child, it does not imply that rape was in all probability committed by accused as FSL has not examined the antigen found on..........
Indian Penal Code, 1860, Section 302, 364, 376, 511, 201, 120B, Constitution of India, 1950, Article 72 -- Offence u/ss 302, 364, 376, 511, 201, 120-B - Death sentence - Rejection of mercy petition - Delay of 3 years and 3 months in rejection of mercy petition - No delay or dilatory tactics on part of convict - Execution of death sentence would be unconstitutional as it..........
