Ss. 304 -B and 201 – Bride burning – Appreciation of evidence – Dead body not found – effect – No dispute about death of P – it was not defence of accused that P waz still living – Death by burning proved – Accused persons admittedly had cremated her …Read More »
Evidence of eye-witness – Credibility – Prosecution case that accused assaulted deceased by means of stones leading to his death – Testimony of eye-witness truthful and corroborated with medical evidence – Their evidence consistent on all material particulars expect some variation in distance from hotel run by them to place …Read More »
Legal Shorts;- Person holding deceased, while other stabbed, is not guilty of common intention to commit murder.
Common intentions – Prosecution case that while other accused person caught hold of deceased, main accused dealt knife blow on his stomach and also assaulted injured witness with knife on his shoulder – Not a case of prosecution that other accused person were holding/possessing any weapon – Other accused cannot …Read More »
Witnesses cannot be evaluated under one common parameter so as to deduce conclusion towards oneself as they vary based on their circumstances. It would be wrong to evaluated eye-witness in same way as that of the interested witness. The Supreme Court has ruled that the evidence of an interested witness …Read More »
Murder is an offence punishable under section 302 of IPC. Easy to detect but difficult to investigate and reach at proper conclusion. This article is our attempt to explain the procedural method to be followed in investigation of a murder case. First, the investigation must establish quite objectively that a …Read More »
The Supreme Court in Mulakh raj v Satish Kumar AIR 1992 set aside the acquittal by Punjab and Haryana High Court and restored the verdict of trial court of the conviction of the accused where it was established from the given evidence that the deceased and the husband were living …Read More »