Sections 302 - IPC
Common intention
Penal Code, 1860 (IPC), Section 34, 302, 324, 325 and 323 - Murder - Common intention - The number and nature of hard blunt injuries on the two deceased make it apparent that the assailants were more than one - Injuries by hard and blunt substance corroborate the evidence of the injured witnesses and of assault on the two deceased by lathis also - Common intention is evident from the accused persons coming to the lands of PW-1 armed and intimidating him to return the lands followed by assault upon him and those who came to his rescue - The accused then immediately proceeded to the house of the second deceased - The recovery of a bloodstained lathi and bloodstained clothes of the appellant on his confession, leaves us satisfied, on a cumulative appreciation of the evidence, that the accused were actuated by a common intention - Conviction upheld.
Circumstantial evidence
Penal Code, 1860 (IPC), Section 302 - Circumstantial evidence - Murder of wife at the advanced stage of pregnancy - Homicidal violence – The present case squarely rests on circumstantial evidence where the death has been caused by homicidal violence and the appellant who had himself taken the deceased to the hospital and made a false statement to the Doctor that she had suffered a cardiac arrest which was found to be false after the postmortem report was received and the nature of injuries which were attributed on the body of the deceased of which a reference has been made clearly establish that it is the case where none other than the accused appellant has committed a commission of crime with intention to commit the murder of his own wife who was at the advanced stage of pregnancy – Criminal trial .
2021 SCeJ 272 R. DAMODARAN v. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE