Indian Penal Code, 1860, Section 302, 201, 511, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Penile injury - A-1 is the beneficiary under Will executed by deceased in his favour - He is therefore the most interested person to cause death of deceased - Moreover, deceased was under the care and custody of A-1 - It is within the personal knowledge of..........
Indian Penal Code, 1860, Section 302, 201, 511, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Penile injury - Only evidence against A-3 is that he took deceased while he was fighting for his life in an ambulance to Government Hospital - It is not alleged that A-3 was involved in causing injury to deceased - No evidence on record as to whether A-3..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Appreciation of evidence - Oral testimony of PWs stands corroborated by dying declaration made by deceased - Even, defence has not been able to elucidate anything in cross-examination of aforesaid witnesses to discredit testimony to the extent that deceased has not made any..........
Indian Penal Code, 1860, Section 302, 147 -- FIR - Quashing - False implication - FIR cannot be quashed on the basis of defence or possible defence which can only be taken to ascertain the correctness or otherwise of the prosecution version which is yet to come after completion of investigation - Petition dismissed...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No evidence on record that accused had any enmity with deceased and they assaulted him with pre-mediated mind to cause death - No specific evidence on record as to who amongst accused caused fatal injuries on head of deceased, but fact remains that accused gave indiscriminate blows by lathis on head..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) not taken in the case - Just because PWs stated that they would not be able to identify culprits, no ground for not holding TIP - It was first time during trial PWs stated that accused standing at the dock were the ones who assaulted deceased - Even names of..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 3 -- Murder and robbery - Circumstantial evidence - As per prosecution, accused persons committed murder of deceased and looted his motorcycle - However, no eye-witness as to occurrence of incidence - Even, there is no evidence against accused as to involvement in crime - Recovery of broken pieces..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Making of ransom calls after person abducted is put to death is a common feature in cases - Said fact cannot go to benefit of accused...........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302 -- Motive - Double murder case - Accused committed murder of two minor children, as he entertained a strong grudge against family because of bequeathing of property in favour of grandmother of deceased - Motive of crime therefore, appears to be proved and established against accused on testimony of PW1 who..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Recovery of SIM card - SIM card was recovered from one of rooms of house of accused with regard to which he failed to offer any satisfactory explanation - Proof of calls from a Mobile number of accused established on basis of oral evidence - Mobile number written on the SIM card was used for demanding ransom and..........
