Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Death due to strangulation - Extra judicial confession made by appellant to two PWs - Jewellery which had been put on by the deceased produced by appellant - Dead body was recovered at the instance of appellant which was that of deceased - Held, that in strangulation cases fracture of hyoid bone is..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302 -- Murder - Arraying of accused - Exercise of power - Held, trial court has jurisdiction to array any person not being accused before it to face trial along with other accused persons if court is satisfied in course of enquiry and trial on basis of evidence adduced before it that such person..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Conviction - Appeal against - Appellant driver of car carrying the accused - Appellant not named in FIR - Evidence of witnesses inconsistent about role of appellant in crime - He was not known to any witnesses - TI parade not held - High Court has drawn an inference that because he was a driver in pre-planned murder as..........
Indian Penal Code, 1860, Section 396, 120B, 412 -- Dacoity with murder - Six accused - Two acquitted as their presence and participation in dacoity was doubtful - All acquitted of offence u/s 120-B and 412 IPC - Remaining four cannot be convicted for an offence of dacoity being less than five which is an essential ingredient for commission of dacoity - - Conviction of four..........
Indian Penal Code, 1860, Section 300, 304 -- Murder - Solitary injury - Gun shot hit deceased on waist - Offence is not murder - Accused liable to be convicted u/s 304 Part II IPC...........
Indian Penal Code, 1860, Section 299, 300 -- `Murder' and `culpable homicide not amounting to murder' - Distinction in two provisions explained...........
Indian Penal Code, 1860, Section 299, 300 -- Murder and Culpable homicide not amounting to murder - IPC practically recognizes three degrees of culpable homicide - `Culpable homicide of the first degree' is the gravest form of culpable homicide which is defined in S.300 as 'murder' - `Culpable homicide of the second degree' is punishable under the first part of S.304 -..........
Indian Penal Code, 1860, Section 302 -- Triple murder - Death sentence - Accused living as paying guest in the house of complainant on monthly payment of Rs.500/- - Arrears accumulating to Rs.4,000/- - On demand of payment accused killed three children of complainant aged 8, 15 and 16 years while asleep with a dagger - Accused brutally attacked complainant and two others..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Rarest of rare case - Guidelines for imposing death sentence - Analysed...........
Indian Penal Code, 1860, Section 302, 34 -- Triple murder - Dead body of wife of PW1 found in naked condition in her house and another person and his wife also found murdered in their house nearby - Circumstantial evidence - Eight circumstances proved which made a complete chain of circumstances, leaving no room for doubt that it was accused who was directly involved in..........