Indian Penal Code, 1860, Section 302, 376 -- Rape & murder - Conviction - Validity - Extra judicial confession made by accused to his neighbour to the effect that he had raped deceased - Thereafter, accused threatened her to call brother of deceased as if that deceased was calling him and convey that she would commit suicide if money was not given - Evidence of neighbour..........
Indian Penal Code, 1860, Section 302, 392, 34 - - Murder & robbery - Evidence on record shows that deceased died of ante-mortem injuries and it was homicidal death - Injuries were all grievous in nature and deceased met with gruesome death - Presence of PW3 alongwith PW4 at the time when occurrence took place and identity of appellant by PW3 and describing his involvement..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawfully assembly - Dispute between accused and deceased over land - Accused persons alleged to have assaulted decreased and many others with sharp weapons - FIR naming as many as twenty four persons - Five appellants were not only named in FIR but were in specific terms named even at trial by witnesses examined by..........
Evidence Act, 1872, Section 63, Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence - Unnatural conduct of witness - Murder - Daughter of deceased was eye-witness to occurrence - She informed her maternal grandmother that accused/mother-i, law of deceased had forcefully taken away deceased - Grandmother did not tell it to anyone for almost two days..........
Indian Penal Code, 1860, Section 302 -- Murder - Delay in lodging FIR - Occurrence took place at 10 A.M. and FIR lodged at 11.45 A.M. - More than ten persons suffered injuries and one person died on spot - Police station was 12 kms. away and informant had to reach police station only through bullock cart - Held, there was no delay in lodging FIR...........
Indian Penal Code, 1860, Section 302 -- Murder - Independent witness - Non-examination - Effect - Held, no, examination of independent witness would not be fatal to case of prosecution when evidence of injured related witnesses found to be natural...........
Indian Penal Code, 1860, Section 302 -- Murder by fire-arms - Non detection of empty cartridges or pellets on spot of occurrence - Effect - Held, when shooting with fire-arms established by version of injured eye-witnesses, then no, detection of pellets or bullets will be of no consequence...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Murder - Sudden fight - Nature of simple injury inflicted by accused - Part of body on which it was inflicted - Weapon used to inflict same and circumstances in which injury was inflicted - Held, do not suggest that appellant had intention to kill deceased - All that can be said is that appellant had knowledge that..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Extra-judicial confession made by appellant before two different persons at two different occasions proved on record - Seizure of various articles on discovery statement made by appellant also established - Blood stains found on various articles belonging to appellant - Held, above mentioned circumstances were not..........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Culpable homicide not amounting to murder - Grave & sudden provocation - Appellant saw deceased and his wife in compromising position - He lost his self-control, took out a tabli and gave multiple assaults to deceased - Held, it shall be held to be culpable homicide not amounting to murder - Appellant would be liable..........
