Indian Penal Code, 1860, Section 302 -- Murder - Cause of death - Evidence of PW-9/doctor stated that cause of death was due to drowning however, he was unable to state whether the death was homicidal or accidental - In fact in postmortem notes, PW-9 stated that an expert's opinion should be sought - Admittedly, an expert's opinion was not sought - Cause of death is..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of material witnesses - Appellant dragged the deceased by holding her hair from her house up to the pond - Between the house of deceased and pond, there is a road and ridge of the pond - Investigating Officer admitted that there is a temple near the deceased's house and other people live nearby - Incident..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3, 32(1), 8 -- Murder - Husband and his relatives set deceased on fire by pouring kerosene on her - Divergent statement by witnesses regarding cause of harassment meted out to deceased - Witnesses claimed to be present besides deceased till her death but they did not speak about recording of dying..........
Evidence Act, 1872, Section 32(1), Indian Penal Code, 1860, Section 302, 34 -- Two dying declarations - One recorded by ASI and second by Executive Magistrate - In dying declaration recorded by Executive Magistrate, deceased made a general and vague allegation that people of her house had set her on fire - In dying declaration before ASI deceased made detailed allegations..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 323, 506, 147, 148, 212, Arms Act, 1959, Section 25 -- Bail - Murder - Accused has suffered incarceration of 2 years, 9 months and 28 days - No injury has been attributed to accused on the person of complainant - Co-accused has already been granted bail - Conclusion of trial will take a..........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 495 -- Jurisdiction of Court - Court within whose jurisdiction first wife has taken up permanent residence after commission of offence punishable u/ss 494 or 495 IPC, has jurisdiction to try the offence...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Live-in-relationship - Woman's partner without a legal marriage, will not be covered by term `husband' for the purpose of S.498-A IPC...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - When charge is u/s 149 IPC, presence of accused as part of unlawful assembly itself is sufficient for conviction...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Presence of A-5 and A-6 at the scene of crime with the other co-accused amounted to an unlawful assembly which is sufficient for their conviction - Their active role in surrounding the deceased with the common intention to kill him proved on record - Motive of crime is also proved -..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - A-3 has been assigned an active role in the crime - All the eyewitness has categorically stated about his presence and that A-3 was armed with deadly weapon i.e. sword and that he had also wielded blows not only upon the deceased but upon the injured persons - A-3 rightly convicted...........
