kill the deceased (murdered) and such a killing was
not an accidental murder but is a murder simpliciter. ( Rita Devi ... felonious act and as such, the murder in this case
was not an accidental murder, but just murder simpliciter.
13. Thus, the claim in this
rescue
Mohan. They were also assaulted and suffered injuries. Mohan was
murdered by the accused persons at the spot and thereafter the
accused persons left ... appellant in the murder of the victim.
In this factual matrix, conviction of the appellant for the offence of
murder simpliciter without reframing of charge
consideration
of the aforesaid question. It reads thus:
"307. Attempt to murder.--Whoever does any act with such
intention or knowledge, and under such ... imposable on
a convict thereunder. If it is an attempt to murder simpliciter, the
offence is punishable maximum with by a term of imprisonment
consideration
of the aforesaid question. It reads thus:
"307. Attempt to murder.--Whoever does any act with such
intention or knowledge, and under such ... imposable on
a convict thereunder. If it is an attempt to murder simpliciter, the
offence is punishable maximum with by a term of imprisonment
sufficient to convict him of murder simpliciter, he cannot escape liability
because of the charge unless he can show prejudice."
43. In Willie (William ... strangulate him. This is most essential to establish the charge
of murder simpliciter against Pratima alone.
54. Recovery of the weapon of offence after
place where Sambhu had hidden the knife cannot implicate him in the
murder. One ought not lose sight of the fact that Sunil ... knife on the leading
statement of Sunil simpliciter cannot establish his participation in the
murder.
In the light of the aforesaid discussion
petitioner
submits there is no direct evidence connecting the petitioner
with the murder. Prosecution primarily relies on digital
tracking reports to show a SIM Card bearing ... victim to the
place of occurrence where he was murdered. He argues
aforesaid evidence simpliciter cannot form the basis of a charge
2
for conspiracy
then
the appellants be convicted under Section 302 of the Penal Code simpliciter.
Reliance was placed on Arbind Singh vs. State of Bihar , 1995 Supp ... Penal Code simpliciter. It may fairly
be contended that the prosecution failed to prove the charge of murder
individually against each of the convicts
Section 302 of the Penal Code
simpliciter while the sentence imposed on him for the offence of murder is
retained.
20. The appeal is disposed
petitioner
submits there is no direct evidence connecting the petitioner
with the murder. Prosecution primarily relies on digital tracking
reports to establish that ... victim to the place of
occurrence where he was murdered. He strenuously argues
aforesaid evidence simpliciter cannot form basis of a charge of
conspiracy. There
