Killing a Person by Putting on Fire : Murder Accused Acquitted

 Killing a Person by Putting on Fire : Murder Accused Acquitted

Section 302 of IPC says that one can be sentenced to death or life imprisonment and will also be fined if murder is committed. Section 374 of Code of Criminal Procedure, 1973 even permits an appeal directly to Hon'ble Supreme Court. Section 374 (4) of the Code prescribes a time limit of 6 months. Section 375 of the Code of Criminal Procedure, 1973 also prohibits an appeal against conviction in certain situations. Section 424 of Code of Criminal Procedure, 1973 explains what may happen when fine is not paid. 

In an interesting case citation [2013] GCtR 3122, a person was facing accusation of committing the murder of another person by putting that person on fire. Finally, in [2013] GCtR 3122, the appeal of accused was allowed after more than 15 years of the occurrence of the alleged offence and the accused was found not guilty. The order of conviction passed by the Ld. Trial Court was found not to be based on evidence. [2013] GCtR 3122 then explains the limitations within which a Judge conducting a trial has to function. [2013] GCtR 3122 also becomes useful in evaluating oral evidence in trials where allegations of commission of the offence of murder are there. 

Written by 

Vishal

Delhi

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Murder by Stabbing Alleged : Accused Acquitted

 Murder by Stabbing Alleged : Accused Acquitted 

Murder has its own importance in law. Section 300 of Indian Penal Code, 1860 describes situations when culpable homicide is murder. The illustration (a) to Section 300 of IPC says this : "A shoots Z with the intention of killing him. Z dies in consequence. A commits murder."

In the case citation [2010] GCtR 2949, a person was facing allegations of committing the offence of murder of a woman ; however the observation of Trial Court convicting the accused was set aside and accused was found entitled to acquittal. The allegations were made against a man. 

An FIR was registered. The alleged weapon was seized. The body of the woman who died was sent for post mortem examination. Few men identified the body of the woman. However, the accused man pleaded not guilty. 

Prosecution examined more than 9 witnesses. The medical officer could not give definite opinion on one specific issue. Accused, on the other hand, argued that he has been falsely implicated in this alleged murder of a woman. 

After adverting to the principles enunciated by two Judgments of Hon'ble Supreme Court, the accused was found entitled to acquittal and Order of conviction was set aside. 

[2010] GCtR 2949 brings out vital legal issue on identification of seized items in criminal trial and how it can be utilised by accused to advance his arguments on acquittal.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.