Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder of husband by wife - Circumstantial evidence - As per post mortem report there were 18 injuries on body of deceased and all injuries are ante mortem in nature and fresh in duration - Even otherwise, Medical Board opined that death of deceased was due to asphyxia caused by..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased died due to head injury - Accused has no grudge against deceased - Rather, accused premediated attack on PW2 and in that process caused death of deceased - No previous enmity or malice or any premeditation to give injuries to deceased - It was in a fit of rage that accused in order to attack..........
Indian Penal Code, 1860, Section 366, 376, 341 -- Abduction and rape - Reduction of sentence - Accused does not have any criminal antecedents - Age of prosecutrix was 53 years of age at the time of offence - No injuries were suffered by prosecutrix during her alleged ravishment by accused - Accused not indulged in any vicious physical violence with prosecutrix - Incident..........
Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4, Evidence Act, 1872, Section 106 -- Grievous hurt - Cruelty - Dowry demand - Burden of proof - Prosecution successfully established that burn injuries to victim caused in the house of accused - Burden thus, shifts upon accused to explain those injuries u/s 106 of Evidence Act, which burden..........
Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4 -- Grievous hurt - Cruelty - Dowry demand - Victim was put to fire on being tortured for demand of dowry - Defence taken a plea that victim caught fire accidentally - However, Doctor who examined victim stated that injuries could not be caused by accident, as same were caused by pouring..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Accused came to the spot all of a sudden and inflicted single blow on the head of deceased by iron rod - Cause of death was head injury - Accused though might not intended to cause death of deceased but he certainly had knowledge that his act could result into death of deceased - Accused liable to be convicted..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused inflicted single head injury on the head of deceased by iron rod - Blood stained iron rod recovered and only human blood was found and no blood group was found - Accused held, rightly acquitted u/s 302 IPC...........
Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Accused were carrying weapon of offence/knife when they arrived together at crime spot to commit robbery - A-1 and A-3 caught hold of deceased while A-2 caused stab injuries using knife - This circumstance coupled with conduct of A-3 threatening to kill PW6, eye witness..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Burden of proof - Accused is only person who was living with deceased - There was no force entry into flat - Burden of proof of special knowledge would be upon accused - History of frequent quarrels between accused and deceased is on record - Accused failed to..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Injured witnesses and eye witnesses not stated that accused with intention to cause death of injured persons have inflicted injuries - Ingredients of S.307 IPC not made out - Conviction altered from S.307 IPC to Ss.324/325 IPC...........
