MAHADEO VS STATE OF U. P. - 17 Oct 16

(Indian) Penal Code, 1860—Sections 147, 148, 149, 323/302—Murder—Conviction—Giving description of weapons first time in Court puts shadow of doubts—Accused had no strong motive to commit murder of deceased—Moreover, it does not stand to reason that merely because of objection of deceased and first informant to restrain 'R' from collecting mahua from tree of 'S', accused persons would have commit murder—Accused persons might harbouring grude against deceased but they had to strong motive to commit his murder—Therefore, motive of incident is very weak, which too has not been established—Conviction set aside. Appeal Allowed.

India - Allahabad


Raghu Hari VS State of Jharkhand - 15 Apr 15

Indian Penal Code, 1860—Sections 302/34—Murder—Common intention—Conviction—Evidence of eye-witnesses corroborated by medical evidence and by objective finding of Investigating Officer—Appellant had motive to commit murder of deceased and other appellants had no mens rea to commit murder of deceased—Conviction and sentence modified.

India - Jharkhand


Bhiwa Sidhu Patil VS State of Maharashtra - 20 Nov 14

[INDIAN] PENAL CODE, 1860 - Sections 300, 304 and 149 Conviction for murder. Where injuries inflicted by accused persons individually was not sufficient in ordinary course of nature to cause death therefore accused persons assaulting deceased without any intention to cause death liable to be convicted under Section 304-II r/w 149, IPC and not under Section 302/149, IPC. The accused had formed an unlawful assembly after the incident of stone polting. It is obvious that the accused were lying in wait for ’D’ and others to come at the scene of the incident. The accused possibly apprehended that ’D’ would come to the Police station for lodging a report. The common object of the assembly therefore, must be to assault PW 2 ’D’ in order to deter him from going to the Police Station for lodging a report. The accused were not to know that ’D’ would be accompanied by deceased, who was the sarpanch. The common object of the assembly therefore, could not be to commit the murder of deceased but the...

India - Maharashtra


SALIM VS STATE OF U. P. - 04 Aug 09

(Indian) Penal Code, 1860—Sections 307 and 302—Murder—Attempt to murder—Conviction—Sustainability of—Appellant contracted marriage with deceased—Post-mortem examination report proved by doctor—Appellant had requisite intention to commit murder—Preplanned murder—Criminal intention shown—Repeated blow by sharp edged weapon on vital parts of body causing damage to internal organs of deceased—Unerringly indicates intention to commit murder—Case of prosecution squarely falls in more than one clause of Section 300 of IPC—Witnesses supported prosecution version in all its material aspects—Conviction upheld.Appeal Dismissed.

India - Allahabad


State of Karnataka, Rptd. by The Circle Police, Inspector, Nippani VS Ramesh Chandar Adake - 15 Mar 18

INDIAN EVIDENCE ACT, 1872 [C.A. NO. 1/1872] - Sections 3, 28 - Extrajudicial confession - Allegation that accused committed murder of deceased, wife by sickle - Later accused attempted to commit suicide by consuming poison - Prosecution witnesses caught accused near house of brother of deceased in unconscious condition - Accused confessed to Tahsildar that he after consuming alcohol and poison, committed murder of deceased, wife by sickle - Confession not in custody of police - Extra- judicial confession, held, reliable.INDIAN PENAL CODE, 1860 [C.A. NO. 45/1860] - Sections 302, 309, 449 - Murder, attempt to commit suicide and house trespass - Burden of proof - Extrajudicial confession - Allegation that accused entered into house of brother of deceased wife and committed her murder by inflicting fatal injuries with sickle - Later accused attempted to commit suicide by consuming poison - Testimony of eye-witness, corroborating with contents of FI...

India - Karnataka


K. N. Tilak Son of Late Ningappa VS State of Karnataka - 31 Jan 20

Indian Penal Code, 1860 - Section 302 and 304, Part II - Offence of Assault and Murder – Appeal against conviction – Means rea to commit murder - Deceased was doing money lending business - He was a bachelor and accused is his nephew, that is the father of accused was brother of deceased - That six months prior to the incident, accused had borrowed amount from deceased stating that he will repay it. Since said amount was not repaid, there was a quarrel between them. Accused assaulted deceased with a hammer on his head causing grievous injuries. Immediately after the incident, the deceased was taken to hospital for treatment - Whether accused was also there when deceased was taken to Hospital - Held, Without discounting evidence of the prosecution, same does not lead to the conclusion that there was any intention on part of accused to commit murder of deceased. There is absence of mensrea to commit murder - Court find that so far as the imprisonment is concerned, it is suffice to hold t...

India - Karnataka


Kathu Naik VS State of Odisha - 20 Sep 16

PENAL CODE. 1860 - Sec. 302 - Conviction under - Appeal - Incident occurred at about mid-night - Medical report of the deceased although corroborates the allegation that the deceased was assaulted with the stones, but it does not indicate about the intention to commit murder - By no stretch of imagiation, it cannot be said that the appellant possessed fatal intent to use excessive force by crushing the head of the deceased with a stone so as to kill her and consequently appellant cannot imputed with positive intention to commit murder of the deceased, however, it was within his knowledge that in the event of assault by a stone, the deceased lose her life - Held, appellant would have been convicted only u/s. 304 Part-I IPC.

India - Orissa


RAMESH CHAND VS STATE OF U. P. - 06 Dec 10

(Indian) Penal Code, 1860—Sections 302 and 304 Part II—Murder—Culpable homicide—Conviction—Sustainability of—Accused/appellants participated in crime—Uncontroverted evidence that deceased was married to accused—It is also established by record that she did not bear any child—She did not die a natural death—Question whether it was a deliberate murder or culpable homicide not amounting to murder—Ocular testomony of PW 3 does not find complete corroboration from medical report—Reading of FIR and oral evidence show that one blow was given on head of deceased—There is no evidence of pre-meditation to commit murder—Danda blow was given in heat of passion upon a sudden quarrel without taking undue advantage—No evidence of pre-meditation to commit murder—Hence, appellant is guilty of offence under Section 304 Part II of Code.

India - Allahabad


ARBI ALI VS State of U. P. - 13 Sep 13

(Indian) Penal Code, 1860—Sections 302 and 304—Evidence Act, 1872—Section 114©—Arms Act, 1959—Sections 30 and 27—Murder—Fire-arm injury—Appellant used his licensed gun to commit murder of his wife—Conduct of accused of such a nature that it excludes possibility of commission of suicide by deceased—He gave no information to police—No reason for deceased to commit suicide—Testimony of sole eye-witness corroborated by FIR—However, FIR promptly lodged—Further, his testimony finds support from medical evidence—Conviction upheld.

India - Allahabad


Pabuda VS State (168) - 13 Sep 90

Penal Code, Sec. 302 and 304 A—Quarrel occur between the parties and scuffle taken place—Negligently driving the tractor and without any intention to commit murder drove the tractor over the body of deceased—The ingredient of intention to commit murder is missing. (Para 8)

India - Rajasthan