Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence -Recovery of cash - Cash is not traced back to deceased, as box from which articles were allegedly stolen is not recovered or seen by any witness - Even in FIR there is no averment of any article or money being stolen or lost - Therefore, when money allegedly recovered is being..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 34 -- Testimony of child witness - Murder and robbery - PW8 being child witness is not an eye witness to the incident - She was aged about 9 years at the time of incident - Evidence of PW8 is fraught with inconsistencies - None of other witnesses have identified the accused - PW8 did not tell about..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Finger prints Evidence - Expert who examined articles at the place of occurrence and found some finger prints not examined - Person who took the sample finger prints also not examined - No explanation about why articles were just left at the scene after developing finger prints..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Forensic evidence - Findings of hair analysis are inconclusive - Report only concluded the specimen to human hair - Same is not sufficient to substantiate presence of accused - Forensic evidence held, insufficient...........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Last seen evidence - Prosecution relied upon evidence of PW8 to show that accused and victims were last seen together - However, PW8 in her evidence stated that accused had come one day before in night and next day deceased persons died - PW8 is a child witness, neither she..........
Indian Penal Code, 1860, Section 394, 397, Explosives Act, 1884, Section 9(B)(i)(b) -- Robbery - Bomb explosion - Quashing of proceedings - Materials available on record reveals prima facie case against petitioner - Acquittal of co-accused in separate trial has not disproved substratum of prosecution case - Petitioner cannot derive any benefit of that acquittal judgment to..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Plea for constitution of Court-monitored investigation/SIT to re-investigate - As per the report of SIT and objections filed by petitioners to said report, it would be appropriate that CBI look into the report of SIT and take decision in the matter...........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - Recovery of ornaments of deceased - Mere recovery of ornaments by investigating agency is not sufficient unless same are produced before trial Court and identified by PWs to show that these very ornaments were worn by deceased at the time of incident - Recovery of ornaments thus, not worth reliance and..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - Recovery of blood stained clothes of accused - Presence of blood group on the clothes of accused matching with blood group of deceased in itself is not sufficient to establish guilt of accused unless same is connected by substantiate piece of evidence in the case - Accused thus, cannot be convicted solely on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 109, 111, 460, 394, 397, 201, 411, 120B -- Interim bail - For attending the marriage of his daughter - Offence u/ss 302, 109, 111, 201, 120-B, 394, 397, 411, 460 IPC - Case before trial Court is fixed for recording of statements of prosecution witnesses - Therefore, petitioner directed to be..........