Indian Penal Code, 1860, Section 302 -- Murder - Accused stabbed deceased with a double sided knife - Injuries disclosed by post mortem report and inquest report are consistent with deposition of PW1 and PW16 - Nature of complaint is thus, supported by evidence of PW1 and PW16 - Weapon of offence i.e knife recovered at the instance of accused and forensic report also..........
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 307, 34 -- Attempt to murder - Main accused already acquitted - Present accused is charged in specific only under charge of sharing common intention for attempt to murder - No material on record that accused was already having knowledge that main accused is keeping knife in his pocket that too for purpose of causing murder of injured -..........
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 -..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses who were living two kilometers away from the spot claiming that they heard scream and went to spot and saw occurrence - Testimony of eye witnesses does not inspire confidence - Best witnesses of occurrence turned hostile - PW9 signatory to Mahazar and confession statement of accused also turned hostile -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of eye witness - PW1/wife of deceased categorically stated in her deposition that incident occurred in the house of A-3 - She specifically stated that A-1 caused four injuries on head of deceased and A-3 dragged the body of deceased and thrown it on the gate of her house - Presence of A-3 at the place of..........
Indian Penal Code, 1860, Section 302, 323, 324, 307, 148, 149, 506 -- Murder - Presence of mother of deceased on the spot of crime was not proved - None of eye witnesses were able to support prosecution case - Mother of deceased gave a completely different narration of events as compared to PW1 - She is thus, an interested witness and her evidence was not reliable - No..........
