Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Circumstantial evidence - The accused and deceased had been seen together on the date of incident - This circumstance alone cannot be sufficient to put the noose around the neck of the accused - Circumstances brought on record to connect the accused with the murder do not unerringly point towards the guilt..........
Railways -- Death as a result of an attempted murder in a running train - Wife of appellant was criminally assaulted and robbed of valuables while she was travelling by train - She pulled the alarm chain but train was not stopped - She died in the compartment - It was a case of breach of duty and negligence on part of railway staff - Liability being fault based was not..........
Indian Penal Code, 1860, Section 302 -- Accused inflicted blows with a Phali (spade like) on head of his wife who died on spot - PW2 hearing loud cry peeped through window and witnessed accused thrashing his wife with Phali - In examination u/s 313 Cr.P.C. accused admitted that he murdered his wife - This answer has to be taken into consideration in determining as to who..........
Indian Penal Code, 1860, Section 302 -- Death penalty - Murder - Special reasons for awarding death sentence by Courts below were that appellants had motive to grab property - It was not a cold blooded murder - No evidence how the murder had taken place - Case does not fall in category of rarest of rare cases deserving extreme penalty of death - Sentence substituted to one..........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Appellant charged with murder of his father - PW2 and PW3 real brothers of the appellants witnessed the incident - Motive to liquidate his father proved - Recovery of blood stained gandasa from the possession of the accused in pursuance of his disclosure statement - Ocular account given by PWs..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Murder - Conviction u/s 302 - During altercation accused took out a knife and gave one blow to the deceased - Doctor, who performed the post mortem examination, has not stated that the injury caused to the deceased was sufficient in the ordinary course of nature to cause death - Conviction of appellant u/s 302 IPC is..........
Indian Penal Code, 1860, Section 302 -- Conviction - - `Rarest of rare case'- Sentence of death awarded by High Court - Appeal against - A headless dead body was found in a well in a highly decomposed state - There was only a blouse on the trunk and both the legs were tied with a cloth piece - Injuries found in the neck - Thumbs of the hands were found cut - Appellant was..........
Criminal trial -- Murder - Deceased held from behind - Merely because the prosecution witnesses had stated that deceased was held from behind it cannot be said that no blow with a knife could have been given by the other accused on the back of the deceased...........
Indian Penal Code, 1860, Section 324, 304 -- Part I - Murder of father of PW3 and injuring PW2 - PW2 and PW3 eye witnesses to the occurrence - Independent witnesses not available - Defence version with regard to the manner in which injury could have been caused on deceased is wholly unsustainable - Assault given by accused cannot be said to be one in exercise of private..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Criminal conspiracy to commit murder through contract killer - Incriminating material collected to make out a strong prima facie case against accused - Nature and gravity of offence to be considered to decide bail - Non disclosure of name of respondent as a conspirator in remand applications of other..........
