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..........
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..........
