Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness has not identified both the accused in Court - Accused cannot be convicted in the absence of their identification by eye witness before Court - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Indian Penal Code, 1860, Section 498A -- Cruelty - General allegations of demand of dowry - No specific date mentioned as to on which date demand was made - Present case was filed after complainant was released on bail in a case for attempting to commit murder of her father-in-law - Offence u/s 498-A IPC not made out against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 114 -- Murder - Presence of accused at the spot was proved beyond reasonable doubt - Nothing on record to establish that eyewitness or post occurrence witnesses were not present at the place of offence or PWs description of incidence was imaginary - Sufficient corroboration of eye witness account with depositions of post occurrence..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Accused after attacking deceased with a sharp edged weapon trying to take out windpipe from neck of deceased - This action of accused was weird and abnormal - This clearly shows that accused was suffering from insanity at the time of incident - Benefit of S.84 IPC rightly extended to..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Abnormal/insane behaviour of accused at the time of assault and immediately thereafter is worth notice - Star witness of prosecution stated that accused was fond of deceased and he loved deceased a lot - When accused was arrested, PW14 medically examined him and found that he appeared to..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Accused allegedly surrounded deceased and her daughter-in-law in a pre-planned manner with a pre-determined mind to assault them - Nature of injuries caused to head of deceased with deadly weapons prove that they had assembled with common intention and not merely to threaten her or to deter her from practicing..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Long time gap between alleged last seen and recovery of body - Whether the deceased had in fact gone with accused after which his dead body was found had not been proved - There is no definitive evidence of last seen and also the fact that there is a long time-gap between..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Sentence - Incident is of the year 1995, almost 28 years old - Awarding death sentence would not be appropriate - Life imprisonment is thus, awarded to accused u/s 302 IPC along with fine of Rs.20 lacs and R.I of 7 years awarded u/s 307 IPC along with fine of Rs.5 lacs - Both the sentences shall run concurrently...........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302, 307 -- Fine - Murder - Considering conduct of accused and financial damages suffered by victim's family, two deceased and injured, damages of Rs.10 lacs each awarded to legal heirs of two deceased for an offence u/s 302 IPC - Amount of fine as awarded u/s 307 IPC of Rs.5 lacs would be..........
