Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in lodging FIR explained - Eyewitnesses related to the deceased - Veracity and truthfulness of their testimony cannot be doubted - Prosecution story is fully supported and corroborated by both the eyewitnesses - Testimony of eye-witnesses is fully supported by medical evidence - Evidence on record indicates that..........
Indian Penal Code, 1860, Section 304 -- Part II - Nature of offence - Murder or culpable homicide - Proof - No enmity between accused and deceased - No pre-planning or pre-meditation in causing death of deceased - Accused and deceased were not even known to each other before the incident - Quarrel was a sudden one over petty matter - In the heat of passion, accused gave..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Nobody saw accused committing murder of deceased - Prosecution case resting on circumstantial evidence - Accused husband committed murder of wife by throttling and thereafter buried her dead body in the sands of river - Dead body of deceased recovered nine days after accused and deceased left together thus overruling..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Common intention - Accused after dragging deceased in the gate, suddenly took out a knife from his back pocket and assaulted the deceased - No evidence that co-accused facilitated accused to cause knife injuries to the deceased - No evidence that co-accused were having knowledge that accused was holding a knife in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused gave blows to deceased with fists and kicks - There was no repetition of injuries - Accused persons were not armed with any weapon - Deceased died due to blunt injury on abdomen - Held, there was no intention or knowledge to kill deceased - Conviction u/s 302 and 302/34 IPC altered to one u/s 323 IPC - Since..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1), Evidence Act, 1872, Section 35 -- Murder - Accused claiming himself to be juvenile - Father of accused in support of this claim produced birth certificate of accused which was found to be forged - Held, though it was proved that accused was juvenile, his father liable to be prosecuted for producing..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1), Evidence Act, 1872, Section 35 -- Murder - Accused claiming himself to be juvenile - Accused led evidence in support of his juvenility - Held, hyper technical approach should not be adopted while evaluating evidence adduced on behalf of accused in support of his juvenility - If two views are..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in disclosing material facts to the investigation officer at the very first opportunity when the first statement was recorded - Witness not stating that he saw the deceased in the house of the accused - Warrants an inference that his second statement claiming to have seen deceased in the house of the accused is a..........
Indian Penal Code, 1860, Section 302 -- Murder - Two sets of statements of material witnesses - One set helping accused and other helping prosecution - Both conflicting with each other - Benefit must go to accused...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Unlawful assembly - Seven accused armed with lethal weapons, two with guns and others with spear, farsa, lathi etc. arrived at the land in dispute - One of the accused fired at the deceased - From the nature of weapons it is clear that as members of unlawful assembly they were determined to teach a..........
