Showing : 1-10 of 60 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 106-- Murder of wife by husband - Wife met a homicidal death in her own house mid night when accused was alone with her - Defence of accused that intruders came to their house to abduct him disbelieved - Prosecution established prima facie case and onus shifted to accused - Accused however, failed to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 106-- Kidnapping and Murder - Circumstantial evidence - Burden of proof - If accused is last seen with deceased, accused must offer an explanation as to how and when accused parted company with deceased - Accused must furnish an explanation that appears to Court to be probable and satisfactory, and if..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 106-- Kidnapping and Murder - Circumstantial evidence - Burden of proof - Deceased was last seen in company of A1 and that time gap between last seen and time of death of deceased is so small so as to make it impossible for deceased to come in contact of any other person - Since no plausible explanation..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder - Burden of proof - Body parts of deceased recovered from burning `Bitora' (conical storage of cow dung cakes) - Said Bitora was not in possession of accused, as it was located in open area in the field of one person - Accused was not required to explain circumstances of body parts being..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder - Burden of proof - Lock of house in which dead body of deceased was found was opened by police for the first time after accused `R' locked house and went to his native village - In absence of any question on these aspects that house was in his possession and no one had access to that..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 106-- Attempt to murder - Burden of proof - Injured witness herself not supported prosecution case and none other witnesses who might have seen the incident has proved the case when examined - There appears no occasion for trial Court to use S.106 of Evidence Act, to shift burden of proof on accused and..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186, Evidence Act, 1872, Section 106-- Kidnapping for ransom - Attempt to murder - Burden of proof - Chance prints lifted from stolen car were matched with right thumb of accused - No explanation given by accused as to how fingerprints were detected from said vehicle which was used during commission of offence - Testimonies of PWs are..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 465, 419, Evidence Act, 1872, Section 106-- Double murder case - Burden of proof - Accused along with two deceased were staying in hotel room - There was nobody else in the room at the time of incident - Therefore, in view of evidence on record and lack of explanation by accused leads to only conclusion that it was none else than accused..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 106-- Presumption u/s 106 of the Act - Murder case - To bring home guilt of accused by raising presumption u/s 106 of the Act, prosecution has to establish and prove his presence in same room where deceased was killed at the time of incident by leading plausible evidence...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106-- Murder of wife by husband - Burden of proof - Deceased was first strangulated and then her dead body was set to fire, thus, theory of accident as propounded by accused is totally ruled out - Prosecution failed to lead even a shred of evidence so as to establish that accused was present in the..........

Showing : 1-10 of 60 Results