Indian Penal Code, 1860, Section 302, Explosive Substances Act, 1908, Section 3, 4, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Appreciation of evidence - As per prosecution, accused caused death of deceased by explosive device of hand grenade - PW-75 has led no evidence of any special knowledge gained by accused except for three days stint with..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Dying declaration - Murder - Deceased died 10 days after the incident after recording his dying declaration by Inspector - There was no need to record another statement of deceased during intervening period of 10 days, particularly when statement of deceased recorded..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Dying declaration - Murder - Deceased named three accused persons in his dying declaration - Dying declaration immediately recorded after incident by Inspector after certification of doctor - It does not record any unnatural things and exaggerated version of incident -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - False implication - Accused failed to cite any incident of significance to prove that police authorities knew the accused prior to incident or accused and police authorities had some kind of grudge prior to incident due to which police falsely implicated the accused - On the contrary, it is..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred when accused sat down to pass urine in order to tease deceased - Accused struck lathi blows when being objected by deceased who also hurled abuses - Incident occurred on the spur of moment - Accused has no mens rea to commit the murder of deceased - There is no predetermination and..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per evidence on record, there is a connected chain of events that proves guilt of accused - Even, statement made by accused u/s 313 Cr.P.C. corroborates evidence adduced - Moreover, bullets that were found in the skull of the..........
Indian Penal Code, 1860, Section 302 -- Murder - A murder is merely a particular form of culpable homicide - Every murder is culpable homicide but not vice-versa...........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Grave and sudden provocation - Plea that case falls u/s 304(Part I) IPC - Slapping of accused by deceased - Not sudden and grave for accused to pump about five or more bullets into the body of deceased - Plea that case falls u/s 304(Part I) IPC not tenable - Accused rightly convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Admittedly, deceased died due to bullet injuries and said fact is amply established from evidence of PW12 and autopsy report - Even, medical testimony is duly corroborated by eye-witnesses account - Thus, there is sufficient evidence to sustain conviction and sentence..........
Indian Penal Code, 1860, Section 302, 304A -- Nature of offence - Incident occurred in the dark night - Accused unable to visibly identify any human form ahead and fired from out of a zeal to scare the thieves which unfortunately hit the deceased - Fact that accused may be cautioned not to have shot because the risk existed of shot hitting to anybody who is present at the..........
