Showing : 51-60 of 6443 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that dummies resembled accused - Neither..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8-- Murder and robbery - Circumstantial evidence - Motive - Prosecution alleged that robbery as motive of crime - However, site plan panchnama shows that expensive ornaments like gold, pearl necklace etc. were left behind on person of deceased - No explanation as to why accused would intend to commit..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Murder of five persons, robbery and rape of one lady - Forensic evidence - No forensic evidence is on record which corroborates the prosecution case - DNA samples were collected during investigation and in fact sent for DNA analysis, but prosecution never presented report to Court - No public..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34-- Recovery of motorcycle - Murder and robbery - No evidence on record that motorcycle recovered at the instance of accused belongs to him - Even no attempt made by I.O to enquire about owner of vehicle - PW2, was the witness of seizure of motorcycle - According to him motorcycle was red in color -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Murder of five persons, robbery and rape of one lady - Recovery of white metal silver chain - No stolen property found or recovered from any of accused except broken white metal chain, though prosecution alleged that many things were stolen - Recovery of white metal silver chain without any..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34-- Recovery of silver articles - Murder and robbery - Silver articles recovered at the instance of accused is alleged to have been that of deceased - However, no witness identifies silver articles as belonging to any of deceased - In absence of any identification of seized anklet, no reliance can be..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Test Identification Parade (TIP) - Source of light at the spot - Murder of five persons, robbery and rape of one lady - PW1 and PW8 identified accused in TIP as well as before Court - Incident occurred at 10.30 p.m - There was light or not in hut not mentioned in Panchnama - Accused allegedly used..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302-- Murder of six persons out of seven family members - Testimony of eye witness - PW5 was also thrown into canal by accused along with deceased persons - However, PW5 survived and came out of canal with the help of an iron bar in canal - Accused was last seen together with three deceased persons and..........

Showing : 51-60 of 6443 Results