Indian Penal Code, 1860, Section 302, 452 -- Murder - House trespass - Accused trespassed house of deceased and asked her to marry him and when she refused to do so, accused set her on fire by pouring kerosene oil - Dying declaration proved on record which was made by deceased after finding her fit to make statement - Prosecution duly proved its case against accused -..........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Deceased died due to head injury - Testimony of PW4 regarding incident is clear and consistent - PW4 is a natural witness and not inducted one and therefore her testimony cannot be discarded on the ground of minor contradictions - There is no ambiguity with regard to weapon by which injuries were caused to PW4 and..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Common intention - All four accused persons held victim forcibly and two of them inflicted knife blows on his body which consequently resulted in death of victim - As all acted together and shared common intention, corroborated by testimony of eye witnesses - Thus, provisions of ss.302 r/w 34 of IPC are attracted -..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Death occurred as deceased was kept in a supine position for commission of sexual assault - However, requisite knowledge that in circumstances such an act may cause death cannot be attributed to accused, in as much as such knowledge and information is in fact parted with in course of training of medical and..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Murder - Death by fire shot - Distance of fire - Where death is due to injuries or wounds caused by a lethal weapon, it is always duty of prosecution to prove by expert evidence that it was likely or at least possible for injuries to have been caused with weapon with which and in manner in which..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Dying declaration - Murder - Death by fire shot - Deceased was unconscious when he was brought to hospital - Dying declaration recorded on the same day - It is very hard to believe that deceased was unconscious in the noon, regained consciousness in front of SDM that..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Murder - Death by fire shot - Distance of fire - There is variance in the statement of PW8 and PW6 with regard to distance between deceased and accused - Contradiction in the distance of fire is thus, material and it would not be appropriate to convict accused by ignoring such an important aspect -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Murder - Death by fire shot - Recovery of fire arm - No material on record to connect that gunshot injury suffered by deceased was due to shot fired from firearm of accused - Though bullet was recovered but same was not connected with weapon - Motive of offence not proved - Manner and genesis of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prosecution alleged that 13 persons including A-2 formed unlawful assembly and came to the place of incident with common intention to kill deceased - However, since no allegation of any fatal injury attributed to A-2, he cannot be convicted with the aid of S.34 IPC - A-2 rightly acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Attribution against A-2 is that he has only given a stick blow on the body of deceased without specifying to which part thereof - Deceased died due to head injury - It is not stated by PWs that A-2 gave a blow on head of deceased - PW6 found three injuries on body of deceased, which were not serious in nature - Moreover,..........
