Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Dispute over a trifle matter - Accused overpowered by an uncontrollable fit of anger so much so that he was deprived of his power of self control and fired at deceased and injured - Facts do not conclude that accused had the intention of eliminating anyone of those fired at though he had knowledge it..........
Indian Penal Code, 1860, Section 302, 394, 34, 120B -- Murder - Confession - Prosecution relied upon confessional statement of PW3 - PW3 became approver and challenge to the same negated by trial Court and High Court - Statement of PW3 thus, becomes admissible in evidence in view of Ss.133, 114 of Evidence Act - Moreover, confessional statement of PW3 gets full..........
Indian Penal Code, 1860, Section 302, 394, 34, 120B -- Murder - Remission of sentence - Power of remission of sentence can be exercised by State - It would be always open to accused to make a necessary representation in this behalf before competent authority - No view is taken thereupon either way - Prayer rejected...........
Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Daughter and son of deceased aged 9 and 6 years respectively - Witnesses categorically stated that her father used to doubt character of appellant mother - Accused mixed sleeping pills in milk, as result of which her father fell asleep - Co-accused inflicting first blow..........
Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Extra marital affair between wife and contractor forming motive to kill deceased-husband - Accused mixed sleeping pills in milk, as result of which deceased fell asleep - Both accused assaulting deceased with axe resulting in his death - Daughter and son of deceased aged..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Recovery of decomposed dead body of deceased from the canal - Place of recovery was known to police authorities - No such recovery effected from accused pursuant to his disclosure statement which connects him to crime - Recovery held, not proved against accused...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death of deceased not in matrimonial home - Deceased went missing and her dead body was recovered in decomposed condition from canal - Information was conveyed to complainant immediately - Prosecution failed to discharge the initial burden cast upon it - It would be..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder of wife by husband - Extra-judicial confession - Witness of confession not supported prosecution case - Serious discrepancies occurred in the evidence of PWs - More so, no action against accused was taken by complainant's side on such confession - It would be unsafe to rely upon such..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Conduct of complainant creates a specific doubt on prosecution version, as delay of 26 days in submitting the application wherein allegations raised against accused for the first time and other family members are not explained - More so, complainant deposed before Court that relations between deceased..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - No iota of evidence on record that deceased was subjected to any kind of cruelty or harassment at the hands of accused or his family - Presence of accused as well as complainant and other relatives at the time of recovery of dead body of deceased reflects that all of them were trying to locate..........
