Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Murder - Accused in jail for two years and there is no progress in trial - Not sufficient for enlarging accused on bail when gravity of the offence alleged is severe...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Acid pouring - 50% burn injuries - Caused disfigurement - Accused convicted u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To justify a conviction under this section, it is not essential that bodily injury capable of causing death should have been inflicted - Intention can be deduced from the injury actually caused or other circumstances and can also be ascertained without any reference at all to actual wounds - It is not necessary..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - In order to determine common intention, nature of injuries, background of the incident and nature of weapons, besides other factors are required to be properly considered and appreciated - Prior meeting of minds is required to be established though common intention may arise and be formed suddenly...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Eye witness stated in his cross examination that he had not seen appellant killing his wife - He admitted that he has no knowledge about killing of deceased by appellant - Extra judicial confession made by accused before police - No evidentiary value - Conviction set aside...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - FIR lodged without undue delay - Investigation commenced immediately - Only eye witness son of deceased - Not a ground to disbelieve his testimony though a relation of deceased - There was prior enmity between deceased and accused - Cycle and torch used by eye witness not seized by police is of no consequence -..........
Indian Penal Code, 1860, Section 302 -- Murder - No reliable or acceptable evidence that the offence had been committed by the appellant and no direct or circumstantial evidence brought on record to establish the guilt on the part of he appellant - Conviction cannot be sustained...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 307 -- Attempt to murder - Appeal against acquittal - Accused persons stated that in course of the occurrence they were attacked by PWs.2 and 6 and also they set their pet dog to cause injuries on their person and, therefore, they reported the matter in Police Station and thereafter were examined..........
Indian Penal Code, 1860, Section 302 -- Murder - Death was asphyxia due to smothering - An impression was sought to be created that cause of death was electrocution which possibility ruled out as there was no electricity in the house - It was also established that death was not due to ailment of Epilepsy - Death of deceased was homicidal in nature and cause of death was..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Deceased was not good looking and she could not conceive - Deceased had to be married to another bachelor male of the family under pressure from Panchayat - There was every reason for accused to be unhappy with the deceased...........
