Indian Penal Code, 1860, Section 307,325 -- Attempt to murder - Voluntarily causing hurt - Proof of - Parties were agnates and occurrence arose on disputed land which resulted into scuffle - There was no intention of appellants to commit murder of victim - Injuries on person of victim found to be caused by hard and blunt object - Total 7 injuries in number - Injuries..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof of - Held, determinative factor in S.300 of IPC is intentional injury, which must be sufficient to cause death in ordinary course of nature - It is immaterial whether offender had knowledge that an act of that kind will be likely to cause death - Offender's subjective knowledge of consequence is irrelevant - Result of..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Murder committed by inflicting knife blows on account of previous enmity - Presence of eye-witnesses at place of occurrence proved on record - Accused arrested from place of occurrence - Knife recovered from accused stained with human blood - Occurrence took during day time - No question of mistaken identity - Proof..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused absconding - Held, this fact itself cannot be a ground for conviction - Circumstances are incriminating, however, the incriminating circumstances should be sufficient to establish complete chain to hold accused guilty - It should not leave any room for any..........
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery memo - Evidentiary value of - Recovery of weapon of offence - No witness to recovery - Recovery memo singed by police officer only - Held, no credence can be attached to such recovery - Other evidence also extremely sketchy - Conviction of accused..........
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Identification of accused - Accused was identified by witness for the first time in Court during recording of evidence - Held, has very little evidentiary value - Conviction set aside...........
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 433 -- Rape and murder - Imprisonment upto end of life - Legality of - Appellant convicted u/s 376(2) and 302 of the IPC for having committed rape and murder of a young girl 10 years of age and has been sentenced by trial court to imprisonment for life - It was further clarified that..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Appreciation of evidence - Contention that occurrence did not take place at time as indicated by prosecution - Evidence shows that occurrence took place at 6.30 A.M., whereas postmortem was conducted on same day at 5.00 P.M. - Postmortem report reveals that rigor mortis was present on body - As per medical..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 5 years girl - Conviction on basis of last seen evidence and recovery of blood stained clothes - Death sentence - Held, there is no inflexible rule that death sentence cannot be awarded in a case resting on circumstantial evidence but Courts are as a matter of prudence hesitant in awarding this sentence in..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Appreciation of evidence - Appellant alleged to have committed murder of his wife - Convicted u/ss 498-A, 304-B IPC - Challenge thereto - As per post mortem report deceased died due to strangulation - Recovery of one pair of scissors from appellant's almirah and a piece of chunni from drain of ground floor of..........
