Indian Penal Code, 1860, Section 302, 306, 120B -- Nature of offence - Murder of wife and there children by consuming poison - Illicit relationship of accused with 2 woman - There is a possibility that deceased being annoyed with accused with regard to accused illicit relationship and took extreme step of committing suicide and before doing so gave poison to her children -..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Property dispute between parties - Incident occurred while making an effort to mark the land or to say have possession over land - Accused caused fatal injury to deceased - Weapon of offence is nothing but a lathi and accused was not carrying any other lethal weapon with him - No evidence on record that..........
Indian Penal Code, 1860, Section 302 -- Murder - Single blow - There is no principle of law that in all cases of single blow, resulting into death of victim, vigour of S.302 IPC is not attracted - Each case of single blow has to be decided on facts and circumstances obtaining in that case...........
Indian Penal Code, 1860, Section 302 -- Murder - Intention need not necessarily involve premeditation...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Three stages in order to find out whether offence is murder or culpable homicide not amounting to murder are : (i) whether accused has done an act resulting into death of another; (ii) whether prima facie act of accused amounts to culpable homicide as defined u/s 299 IPC; and (iii) consideration of..........
Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Testimony of sole eye witness - PW6 deposed about one stab wound on deceased - Whereas, postmortem mentions two stab wounds on body of deceased - However, testimony of PW6 as to how incident transpired has remained consistent and u, shattered and can therefore be relied upon -..........
Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Accused were carrying weapon of offence/knife when they arrived together at crime spot to commit robbery - A-1 and A-3 caught hold of deceased while A-2 caused stab injuries using knife - This circumstance coupled with conduct of A-3 threatening to kill PW6, eye witness..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Recovery of nylon rope - Death by strangulation - Nylon rope was recovered at the instance of accused - I.O could not recover said rope without having received information from accused - Accused thus, had knowledge of place where rope was kept - Recovery, held, proved...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Burden of proof - Accused is only person who was living with deceased - There was no force entry into flat - Burden of proof of special knowledge would be upon accused - History of frequent quarrels between accused and deceased is on record - Accused failed to..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 54, 59 -- Quantum of sentence - Attempt to murder - Gunshot injury at dorsal spine - Appreciation of evidence - Accused shot victim at her back after she refused to marry him - In the opinion of doctor, victim had no chance of recovery and her condition is worse than a dead person and she was dying..........
