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..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - If testimony of eye witness relating to identity of accused inspires confidence in the mind of Court, absence of TIP by itself will not denigrate identification of accused in Court...........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Knife as weapon of offence - No forensic evidence regarding blood on the knife - Three witnesses specifically identified the knife - Statement that led to the recover of knife also admissible - Doctor examined as a witness also deposed that injuries can be caused with knife - In such circumstances,..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption u/s 113-A of Evidence Act - Mere factum of commission of suicide by itself would not be sufficient for Court to raise presumption u/s 113-A of Evidence Act and to hold accused guilty of offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - For the purpose of proving charge u/s 306 IPC, there has to be evidence with regard to positive act on the part of accused to instigate or aid to drive a person to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that deceased had committed suicide by jumping into open well because of mental and physical harassment of accused - Cause of death was asphyxia due to drowning - However, none of PWs had any knowledge as to whether deceased had jumped into well or she had accidentally slipped into well - Prosecution..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied issuance of cheque, his signature on cheque, on receipt of notice and acknowledgement slip - Complainant did not produce any evidence to prove that signature on these documents were of accused - Complainant failed to discharge his burden of proving his case beyond reasonable doubt -..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Where conviction is solely based on circumstantial evidence, inconsistencies in testimonies of important witnesses cannot be ignored to uphold conviction of accused...........
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 -..........
