Indian Penal Code, 1860, Section 302 -- Murder - Accused inflicted single head injury on the head of deceased by iron rod - Blood stained iron rod recovered and only human blood was found and no blood group was found - Accused held, rightly acquitted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25 -- Murder - Eye witness/PW10 to the incident though stated that he saw accused assaulting deceased but said statement of PW10 not find place in his diary statement - Not even a whisper is there in his diary statement that incident took place in his presence - Improvement resorted to by PW10 and..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder of wife and three children by consuming poison - Circumstantial evidence - Recovery to 2 bottles from the shop of accused does not inspire confidence as independent witness has not supported such recovery and has stated that no such recovery was made in his presence and that his signatures..........
Indian Penal Code, 1860, Section 302, 306, 120B -- Nature of offence - Murder of wife and there children by consuming poison - Illicit relationship of accused with 2 woman - There is a possibility that deceased being annoyed with accused with regard to accused illicit relationship and took extreme step of committing suicide and before doing so gave poison to her children -..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Property dispute between parties - Incident occurred while making an effort to mark the land or to say have possession over land - Accused caused fatal injury to deceased - Weapon of offence is nothing but a lathi and accused was not carrying any other lethal weapon with him - No evidence on record that..........
Indian Penal Code, 1860, Section 302 -- Murder - Single blow - There is no principle of law that in all cases of single blow, resulting into death of victim, vigour of S.302 IPC is not attracted - Each case of single blow has to be decided on facts and circumstances obtaining in that case...........
Indian Penal Code, 1860, Section 302 -- Murder - Intention need not necessarily involve premeditation...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Three stages in order to find out whether offence is murder or culpable homicide not amounting to murder are : (i) whether accused has done an act resulting into death of another; (ii) whether prima facie act of accused amounts to culpable homicide as defined u/s 299 IPC; and (iii) consideration of..........
Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Testimony of sole eye witness - PW6 deposed about one stab wound on deceased - Whereas, postmortem mentions two stab wounds on body of deceased - However, testimony of PW6 as to how incident transpired has remained consistent and u, shattered and can therefore be relied upon -..........
Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Accused were carrying weapon of offence/knife when they arrived together at crime spot to commit robbery - A-1 and A-3 caught hold of deceased while A-2 caused stab injuries using knife - This circumstance coupled with conduct of A-3 threatening to kill PW6, eye witness..........
