Indian Penal Code, 1860, Section 302, 306, 498A, 34 -- Murder - Accused no.1 allegedly gave beatings to deceased and thereafter accused no.2 administer poison to her - However, FSL report of deceased shows that deceased died of shock owing to torsion of left ovarian cyst leading to heaemorrhagic ascites - PW12 state that deceased make an oral dying declaration before him..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying Declaration - 100% burn injuries - Deceased stated in her dying declaration before doctor that accused burnt her - Nothing can have been more contemporaneous than dying declaration of deceased, prior to her death - No one from family of deceased is stated to have been present in the..........
Evidence Act, 1872, Section 3, 8, Indian Penal Code, 1860, Section 302 -- Motive - Murder - Circumstantial evidence - Motive is not required to be proved for commission of a crime but in a case of circumstantial evidence, it cannot be altogether ignored where other co-accused with similar role have been acquitted from the charges...........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 30 -- Murder - Circumstantial evidence - Motive - At the instance of deceased, IOC imposed fine on accused No.1 for irregularities found in the dispensation of fuel, which lead to his paying up fine, there is every possibility of accused No.1 bearing grudge against deceased - Accused..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 30 -- Murder - Circumstantial evidence - Place of incident - In every case of gun firing, it is not required that each and every bullet should hit the target - There may be attempts by deceased or the victim to save himself from raining bullets, and in which case, bullets may not hit..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 30 -- Murder - Circumstantial evidence - Evidence on record is trustworthy and consistent, and there is only one view, which points to the guilt of accused - There are minor discrepancies in the evidence of witnesses but such minor discrepancies should not come in the way of other..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Death by burning - Plea of alibi - Father of deceased categorically stated that accused was present at the time of occurrence - Nothing elicited in his cross examination - Medical evidence proves that death was not accidental - On the other hand DW1 does not inspire confidence regarding..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - 100% burn injuries - Plea of false implication - PW3 daughter of deceased who witnessed the occurrence has informed PW1, brother of deceased who immediately rushed towards the house of deceased and she told him that her husband poured kerosene on her - Oral dying..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against conviction - No recovery of weapon made - Police not conducted T.I.P and their investigation found to be not reliable - Prosecution witness and other persons had access to room for three days before recovery of dead body from there - Failure of prosecution to prove case beyond doubt - Accused entitled to..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Acquittal by trial Court - Conviction by High Court - Accused along with his father hit on back of head of deceased with spade and caused his death - Merely because widow and brother of deceased are near relations, their testimony cannot be disbelieved - Defence..........
