Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Dead body of deceased recovered after 2 days when deceased was allegedly seen alive in company of accused - Deceased was found dead in his own house, where accused did not reside and there was no evidence as to when accused left the house and that no one else could have entered..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of Khanjar (knife) - Recovery was denied by accused and there was no serologist report to connect it with the crime - Moreover, High Court on strength of circumstances appearing in the evidence, doubted date of arrest and upon consideration of circumstances, accepted possibility of arrest..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - No evidence to demonstrate that accused had any prior relations with PW3 and therefore made confession to him - Accused denied making any such confession - Conviction cannot be made on such weak type of evidence - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Incriminating circumstances were not proved beyond reasonable doubt - They do not form a chain so complete from which it could be inferred with a degree of certainty that it is accused and no one else who within all human probability committed the crime - In such..........
Indian Penal Code, 1860, Section 302, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Demand of dowry - Circumstantial evidence - Version of FIR is different version which was taken by informant and his son - PWs gave contradictory statements - Recovery of articles was a sham recovery - Motive of crime not established - Prosecution failed to prove its case..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Evidence of witnesses of extra judicial confession were contradictory to each other - Testimonies of such witnesses not reliable so as to base conviction solely on basis of such testimonies...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of clothes and weapon - Trial Court disbelieved the recovery on two grounds that there was no memorandum statement of accused as required u/s 27 of Evidence Act and recovery of knife was from an open place accessible to one and all - Approach adopted by trial..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Mother of deceased/PW25 is the main witness of last seen - She stated that she saw deceased with accused persons standing at the gate of her house - However, PW25 in her cross-examination when confronted with her statement u/s 161 Cr.P.C said that no such statement is..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - If extra judicial confession of accused is accepted, statement of last seen theory given by PW25 becomes difficult to be given credibility and if extra judicial confession is ignored, statement of PW25 appears to be an improvement only to develop last seen theory..........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 7 years old girl - Circumstantial evidence - Last seen theory, arrest of accused, recovery of dead body, do not conclusively complete chain of evidence and establish the fact - Circumstantial evidence against accused does not conclusively establish guilt of accused in committing murder of deceased -..........