Indian Penal Code, 1860, Section 302, 307 -- Murder of wife by husband - Attempt to murder daughter - Circumstantial evidence - Accused acquitted as circumstances established do not bring forth a chain of circumstances as : (i) Accused was not present in the home at the time of incident and thus, abscondance of accused at the spot does not arise; (ii) Arrest of accused in..........
Criminal Procedure Code, 1973, Section 452, Indian Penal Code, 1860, Section 302, 201 -- Release of case property - Offence u/s 302, 201 IPC - Release of property cannot be declined merely on the ground of pendency of appeal against conviction, particularly when no other person except accused has ever claimed the case property - Case property ordered to be released in..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Four out of eight accused convicted - Only one accused inflicted injury on deceased and three others did not attack the deceased in any manner whatsoever - Three other accused cannot be convicted for offence u/s 302 IPC simpliciter when no injury is attributed on them and once they were..........
Criminal Procedure Code, 1973, Section 211, Indian Penal Code, 1860, Section 498A, 304B, 302, 306, 406 -- Charge - Charge framed u/ss 498-A, 304-B and in alternate u/s 302, 306, 406 IPC - Mother and brother of deceased though in their statement u/s 174 Cr.P.C. immediately after death stated that they have no grievance against i, laws but complaint on the basis of which FIR..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Death of complainant - Murder case - Facts disclosed in FIR are not admissible u/s 32 of Evidence Act - Treating contents enumerated in FIR as dying declaration of complainant after his death, thus, totally against law, particularly when it is neither in connection of death of deceased nor it discloses..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole witness - PW4 stated that he reached the place of occurrence after hearing cries regarding murder of deceased - Statement denotes that PW4 reached the spot after murder and he saw only departure of accused from the place of occurrence - PW4 further admitted that assault on deceased was committed by country..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Review petition against acquittal - Appreciation of evidence - Role of accused in causing injury by pushing victim out of train is doubtful - Even, medical evidence shows that injury caused to victim while in train by itself is not sufficient to cause death - Moreover, principle of presumption..........
Indian Penal Code, 1860, Section 302, 148, Evidence Act, 1872, Section 3 -- Murder - Testimony of interested witness - PW9, admitted that he already deposed for victim family on a number of previous occasions, that too against the same accused - He acted as a pocket witness for family - This admission by PW9 not only doubt the veracity of his own deposition but also..........
Indian Penal Code, 1860, Section 302, 148 -- Murder - Parties are admittedly in hostile terms - Name of eye witness PW8 was not mentioned as a witness to incident in FIR - There were contradictions in the statements of Doctor and eye witnesses as to distance and height of assaulter while inflicting grievous injury to deceased - Investigation in the case was carried out..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Common object - Property dispute - A-1 caught hold of deceased and A-4 dealt with lathi blows - Other accused persons who were standing nearby did not play any role in attacking deceased - Only act attributed to them is that they shouted `Maro sale ko' - Mere utterance of said words would not mean that they wanted..........
