Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - FIR is silent with regard to demand of any dowry far less a bicycle - However, FIR speaks of assault upon deceased by accused followed by unnatural death of deceased - FIR need not be encyclopedia of facts and is only an instrument in writing which sets criminal law into motion - Every minute detail of..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Deceased was strangulated to death and then hanged by a saree to ceiling of a room in her matrimonial home - Marks of strangulation were also found on both sides of her neck - Accused/husband of deceased was in the same room with deceased at the time of incident - It was upon accused to..........
Indian Penal Code, 1860, Section 307, 323, 148, 506, 149 -- Attempt to murder - Framing of charges - Accused allegedly formed unlawful assembly and caused injuries to complainant, his father, mother and his wife - Injury on person of father of complainant declared dangerous to life - Prima facie case is made out against accused - Question as to whether Doctor who had not..........
Indian Penal Code, 1860, Section 302 -- Murder - Two gunshot injuries - Statement of eye witnesses self contradictory - Nothing on record to show that accused was carrying gun and he has used gun for commission of offence - There is no seizure of any gun from accused - Accused specifically has taken plea of alibi and that he was not at the place of incident and his..........
Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Testimony of eye witnesses - Police station is situated only at distance of 11 km and police got no information about incident even though it has been claimed that two eye witnesses saw the incident in midnight - Even village chowkidar did not inform about the incident - Both the eye witnesses kept silent and did..........
Indian Penal Code, 1860, Section 302, 380, 411, Evidence Act, 1872, Section 8 -- Murder - Motive - FIR lodged against unknown persons - No motive is alleged in FIR - Deceased has been killed by cutting his neck separate from body and several injuries were caused on his body - It is strange that on a quarrel on such trifling issue of grazing field, crime will be committed..........
Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Discovery of sickle and tube well band at the instance of accused - Discovery was made before three public witnesses and out of three only one was examined - There is no mention in FIR that any tube well band was stolen - Even, PW1 has not identified tube well band to be his own which was stolen during his..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused dealt Budia (sharp cutting weapon) blow to deceased while she was coming with them and out of fear they left spot - PW7, doctor who conducted post mortem examination opined that injuries caused to deceased might have been caused by Budia - All the three PWs are related but no hostility is proved between accused and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Parole - Petitioner is praying for parole so that he may reconstruct his dilapidated ancestral residential house - He stated that there is no one in family who may get work of reconstruction done - Conduct of petitioner in jail is excellent - Parole cannot be denied to petitioner merely because he has been sentenced for..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Cancellation of bail - Murder - Entire material was perused before grant of bail - It is not the case of either complainant or State that irrelevant considerations have been taken into account by Sessions Court while granting bail to accused - Order granting bail by..........
