Indian Penal Code, 1860, Section 302 -- Murder - Where no credence lend to genuineness of FIR and prosecution case, there is no need of further enquiry as the assertion made by prosecution is not proved beyond reasonable doubt - Benefit of doubt thus, given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 307, 149 -- Attempt to murder - Evidence on record that accused were armed with deadly weapons and were aggressors in hitting injured witnesses with weapons due to which they suffered several injuries - No contradiction or inconsistency between the version of injured witnesses - Right of private defence as alleged by accused not proved - No..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seen together - Time lag between the occurrence of death and when accused was last seen in company of deceased, is considerably large - When time-lag is considerably large, it would be safe for Court to look for corroboration - No corroboration forthcoming - In..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Dowry demand - Allegation against parents of A-1 - A-1 attacked his wife brutally with aruval - Letter was sent by wife to the office of Chief Minister and inquiries were conducted by police - However, no complaint was made by wife or her parents regarding any dowry related harassment - Moreover, couple used to live..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident took place near tubewell where both the parties assembled to settle land dispute - Both the parties were unarmed - There was exchange of words between parties, as a result accused went inside the room and brought an axe and caused head injuries to deceased - No evidence on record as to who..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Sudden Fight between parties, which is not premeditated - Accused not taken undue advantage of his carrying a ballam in sense of inflicting any other serious injury except a contusion to PW1 - Intention on the part of accused to cause death of deceased is missing - Accused must be attributed with..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction and murder - Common intention - Circumstantial evidence - Accused convicted on the basis of following circumstances: (i) Motive was against deceased due to his not agreeing to proposal of marriage of co-accused with his daughter; (ii) accused and co-accused both being cousins, knew each other very well; (iii) both..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Accused were persistently making demand of dowry from deceased and her family members and they used to harass her for such cause - Story of suicide as propounded by accused is wholly unreliable, as it is difficult for a person to commit suicide by using DBBL gun and that too by firing 7 gun shots one..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8 -- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506 -- Murder - Unlawful assembly - Circumstantial evidence - Accused allegedly assaulted deceased with deadly weapons on his hands and legs while dragging him for about 2 km from his house to fields, which led to his death - Weapons used in crime were stated to be sword, sticks axe and pipe - However, no..........
