Criminal Procedure Code, 1973, Section 306, Indian Penal Code, 1860, Section 396, 364 -- Approver - Dacoity with murder - No eye witness - One of the accused made an approver - Conviction based on evidence of approver - Conviction upheld...........
Indian Penal Code, 1860, Section 302 -- Murder - Administering poison by in-laws - All the accused themselves got the deceased admitted in Hospital hurriedly - If the accused were to take her life, they might have not made endeavours to save her by taking her to the hospital immediately - Acquittal upheld...........
Indian Penal Code, 1860, Section 304, 302 -- Intention to cause death - Has to be gathered from several circumstances - One is whether weapon was already carried by accused or it was picked up from the spot - If weapon was picked up at the spot then it is a case of culpable homicide not amounting to murder which comes under S.304 IPC...........
Indian Penal Code, 1860, Section 300, 304 Part II -- Exception 4 - Culpable homicide not amounting to murder - Deceased threw rubbish in the shop of accused - Accused got angry - Accused brought a knife from the shop and stabbed deceased who fell down and died - Held, accused had no motive or intention to cause death as accused was not carrying the knife from before, and..........
Indian Penal Code, 1860, Section 302 -- Murder - Victim attacked by a group of persons armed with deadly weapons - Witness cannot graphically describe the nature of injuries and spell out accurately the situs of the injuries on the body of the victim...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Appellant and deceased last seen together - Appellant providing misleading information regarding whereabouts of deceased - Key of room in which dead body of deceased was found recovered from the accused - Trousers of accused had human blood stains - No explanation regarding presence of human..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Tractor and trolley of deceased reached the fields of appellants - Angle of trolley broken - Manure unloaded near fields of appellant - Deceased assaulted by appellants with spade and lathi - Driver of tractor was a natural witness - PW12 working with deceased got injured - Version and conduct of both witnesses natural -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - One of the appellant had given a fatal blow on the head of deceased with lathi due to which he fell down - Thereafter 2nd appellant assaulted deceased with spade on his face causing many injuries which proved to be fatal - Only 2 appellants participated in the assault of deceased and in fact only they shared a common..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Murder - FIR cannot be lodged in a murder case after the inquest has bee held...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - For conviction u/s 307 IPC receipt of an injury by victim is not a pre-requisite - It is intention or knowledge which attracts the first part of S.307 IPC...........
