Indian Penal Code, 1860, Section 302, 304PartI -- Nature of offence - Incident occurred due to sudden fight after exchange of words which resulted in altercation and accused attacked the deceased - There was no pre-mediation - Though accused had weapons in their hands but said weapons were only used during altercation in a sudden fight - Injuries suffered by deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Beheaded body of deceased found lying in the Tea estate - Family members of deceased were consistent in their testimonies that deceased and accused were last seen together - Burden is on accused to explain what happened thereafter - No explanation given by accused about events..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon and severed cut head of deceased - Not corroborated by seizure list of witnesses - Recorded version of statement made by accused which led to recovery was not produced by prosecution - There was even no evidence to show as to which particular article was recovered at whose..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Some contradictions regarding time and manner of receiving information of death of deceased is of no consequence, particularly where accused not informed or instructed anyone to inform to the parents of deceased regarding incident...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Deceased died due to burn injuries - Incident occurred in the house of accused and deceased - Accused was with his wife/deceased at the relevant time - Since deceased died of an unnatural death in the room occupied by her and accused, it was the obligation of accused..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Accused allegedly committed murder of his wife threw dead body in Nallah - Body of deceased had torture marks including burn marks - Evidence on record shows that immediately before death, deceased was living with her husband - Burden is on accused u/s 106 of Evidence Act to explain the circumstances in which..........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - Clash between two political groups - Both parties sustained injuries - However, I.O suppressed injuries sustained by accused and preferred to act on the complaint of prosecution party - Prosecution not came forward with true version of occurrence - It would not be safe to convict any of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - Clash between two political groups - 50 accused were named in the occurrence - Various complaints were lodged and suppressed by prosecution - There are enormous doubts in respect of present compliant - Moreover, where village is factious, witnesses are partisan and there are too many number of accused as 50, when..........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - Clash between two political groups - 50 accused were named in the occurrence - Overt act of each of accused - According to charges every accused caused one single blow on a victim - Narration of events by eye witnesses is highly dramatic and artificial - When there are too many victims, there would have been lot of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106, 3 -- Murder - Facts within knowledge of accused - Post-mortem report established death due to strangulation with thin rope associated with throttling - Accused could not explain as to how deceased was murdered though, admittedly, deceased was in his custody till her murder - Conviction is proper...........
