Indian Penal Code, 1860, Section 302, 307 -- Domestic servant - Murder of three members of family and attempt to murder wife of his master - Photographs, evidence of PW1 (the injured wife) & PW 4 and medical evidence proving the crime - Corroborated by subsequent absconding - Motive being dismissal from service for frustrated robbery and unreliable conduct - Held,..........
Indian Penal Code, 1860, Section 302, 149 -- Appellants armed with deadly weapons assaulted deceased at a tea stall - Wife of deceased, tea stall owner and a customer were eye witnesses - Tea stall owner and customer turned hostile - Conviction based on testimony of wife - Deceased was convicted for murder of brother of A3 to A5 and was on bail - Two aspects admitted by..........
Indian Penal Code, 1860, Section 302, 149, 148, 147 -- Forming unlawful assembly and causing murder - Incident seen by wife and son of deceased - Son turning hostile - Evidence of wife believed - It cannot be said that she was not at the site of incident - Her statement to police after two days and later evidence corroborated by medical evidence - Order of conviction..........
Indian Penal Code, 1860, Section 302 -- Murder - Trial Court disbelieved eye witnesses in absence of motive - High Court reversed the order of acquittal as eye witnesses of the occurrence consistently supported prosecution - Held, this is not a case of possible two views - Held, view taken by High Court calls for no interference...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appellant held the hand of the victim so as to help the assailants assault the victim - He neither released the hand of the deceased nor tried to dissuade the assailants from attacking - It is reasonable to conclude that the appellant also shared the intention of the assailants which was to commit the murder of the..........
Indian Penal Code, 1860, Section 302, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20, 64, 2(k), Juvenile Justice Act, 1986, Section 3 -- Juvenile - Murder - Accused at that time was above 16 years but below 18 years and thus was not a juvenile under old Act but came within definition of juvenile under New Act - Provisions of S.20 of new Act will..........
Indian Penal Code, 1860, Section 302, 149, 147, 323 -- One of the accused committed murder of a passerby who was not the member of prosecution party - For that individual act of co-accused other accused cannot be convicted with aid of S.149 IPC...........
Indian Penal Code, 1860, Section 302 -- Error in charge - Murder by a number of persons - Accused charged u/s 302 IPC - Evidence showed that all the accused had common intention - All the accused convicted under S.302 with aid of S.34 IPC even though no charge was framed under S.34 IPC...........
Criminal Procedure Code, 1973, Section 464, Penal Code, 1860, Section 302,34 -- Framing of charge - Error in framing of charge - Murder - Common intention - Appreciation of evidence - Evidence available on record showing concerted action by reason of simultaneous conscious mind of persons participating in the action to bring about the death of the deceased - This piece of..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27(3) -- Murder - Charge u/s 302/34 IPC & S.27(3) Arms Act - Death penalty - Charge u/s 27(3) Arms Act not sustainable - Conviction u/s 302/34 sustained - Accused not liable for extreme penalty of death as their case is not rarest of rare type and thus they are liable to only life imprisonment...........
