pyre made in the house itself.
22. In a case where house murder is the issue, heavy burden is on the shoulders of the accused ... effect by adducing any evidence. While dealing with the matter involving the murder committed inside the house, it has been held by the Apex Court
there is nothing to show the common intention to cause murder of deceased.
(iii) that, even if the prosecution evidence is accepted as such ... indicate that accused persons have any pre-arranged plan to commit murder of deceased. It is settled law that the common intention to commit
that all these three witnesses were accused in an earlier incident of murder of the father of accused-appellant Santosh Kumar Yadav. It is also ... evidence that all the accused-appellants were having common intention to commit murder of deceased.
It was submitted that there is absolutely nothing to indicate
Penal Code, 'culpable homicide' is genus versa 'murder' its species. All 'murder' is culpable homicide' but of vice ... versa. Speaking general,... 'culpable homicide not amounting to murder'. For the purpose of fixing punishment, proportionate to the gravity of this generic offence
submits that the appellant had no intention to commit the murder of the deceased and all of a sudden, the incident appears to have taken ... accused appellant would fall within the definition of 'murder' or it would be 'culpable homicide not amounting to murder'.
22. Before
other explanation coming forth, question of husband escaping the liability of murder does not and cannot arise. We are however unable to lend our concurrence ... death of his father was caused. When an offence like murder is committed in secrecy inside a house, the initial burden to establish the case
sexual assault) upon him, but as he was crying, he committed his murder by strangulating him. He further disclosed that his dead body is lying ... appellant has kidnapped deceased with intention to molest him and committed his murder by strangulating him. It was argued that conviction of appellant is based
prior to the incident, brother of Ram Naresh, namely, Shyam Naresh was murdered, in which complainant's brother Munnar (deceased), Chote Lal, Tikori ... between Munnar and accused persons. Earlier, brother of accused Ram Naresh was murdered, in which Munnar, Mishri and others were accused
they denied the prosecution evidence and claimed false implication on account of murder of Karanpal. However, no evidence was led by the accused persons ... Vedram has stated that his brother Surender was facing trial of the murder of father of accused Rajesh. On the day of incident at around
Ravindra Pal and PW-5 Ved Pal or to murder the deceased Karan Pal. Before the incident in question, in an earlier incident ... there are no reasons that why the accused-appellants would commit the murder of deceased Karan Pal.
(ii) that PW-3 Ravindra
