Indian Penal Code, 1860, Section 302 -- Allegation that 8 persons allegedly committed murder of deceased - Ilaqa Magistrate received copy of report after 5 days - Delay not explained - FIR lodged at 10.50 AM but inquest undertaken at 10.30 AM when FIR was not in existence - Held, unexplained discrepancy in timings recorded in FIR and the inquest report coupled with the..........
Indian Penal Code, 1860, Section 302 -- Kidnapping and murder - Deceased taken away from his house - Five days thereafter body of deceased found floating in canal - Father and mother of deceased and another person who saw accused taking away deceased not examined - There was faulty investigation - Conviction set aside...........
Ranbir Penal Code, 1989, Section 306, 498A -- Dowry death - Deceased had sustained burn injuries in matrimonial home - Charge framed u/ss 302 read with Section 34 RPC - High Court upheld the conviction for offence punishable u/s 306 and 498-A of Code - Two versions of deceased out of which one relating to suicide and other relating to murder - Court was required to..........
Criminal Procedure Code, 1973, Section 313 -- Murder - Examination of accused - Incriminating pieces of evidence - Held, a circumstance not put to accused during his examination u/s 313 Cr.P.C., cannot be used against him - It is obligatory on the part of trial Court to examine accused u/s 313 Cr.P.C., for the purpose of enabling accused personally to explain any..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Organised crime or mass murders of innocent people call for imposition of death sentence as deterrence - Undue sympathy to impose inadequate sentence would do more harm to the justice system - Punishment should be proportionate to the crime...........
Indian Penal Code, 1860, Section 302 -- Murder - Five members of a family brutally murdered - They were not known to the accused and there was no animosity towards them - Four were of tender age - They were defenseless and the attack was without any provocation - Some of them were so young that they could not resist any attack by the accused - A minor girl of about fifteen..........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Comes into play where time-gap between point of time when accused and deceased were seen last alive and when deceased is found dead is so small that possibility of any person other than accused being author of crime becomes impossible - It would be difficult in some cases to positively establish that..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Circumstantial evidence - Murder case - Prosecution witnesses alleged to have last seen the deceased drunk in the company of accused on the day before his dead body was found lying on the embankment of canal - Doctor found no alcohol in the stomach of deceased - Last seen evidence not corroborated by..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - First information which witness has claimed to have given at police station had never been brought on record - Subsequent version of PW8 was treated to be first information report - Held, subsequent version of PW8 loses its authenticity as statements made therein in the facts and circumstances are susceptible to..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - It is the intention or knowledge and not the injury inflicted which is the deciding factor for applicability of S.307 IPC - An accused charged u/s 307 IPC cannot be acquitted merely because the injuries inflicted on the victim were in the nature of a simple hurt - It is sufficient in law, if there is present an..........
