Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon of offence (axe) at the instance of accused after 8 days of occurrence from an open space accessible to anybody, raises a serious doubt veracity of prosecution case, particularly, when PWs already seen the weapon lying near dead body of deceased -..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Recovery of various articles - Recovery of weapon of offence at the instance of accused is proved on record - FSL report clearly proves human blood at place of occurrence, weapon of offence, sari of deceased and also on pant of accused - FSL report thus, further corroborates evidence otherwise available on..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained `Kandhala' - Murder case - Weapon of offence got recovered from disclosure statement of accused - Prosecution examine both official witnesses who have stated consistently as regards factum of accused having made disclosure statement and having led police..........
Evidence Act, 1872, Section 3 -- Recovery of weapon of offence - Recommendation and suggestions viz: (i) all I.O apart from making sketch of recovered weapons shall also take photographs of same which can give a better picture of weapon used; and (ii) implements/weapons must be described clearly by trial Courts in judgments e.g a `Datar' can be described as an agriculture..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 54, 59 -- Quantum of sentence - Attempt to murder - Gunshot injury at dorsal spine - Appreciation of evidence - Accused shot victim at her back after she refused to marry him - In the opinion of doctor, victim had no chance of recovery and her condition is worse than a dead person and she was dying..........
Indian Penal Code, 1860, Section 302 -- Murder - Direct evidence - Recovery of weapon of offence and clothes of accused - Blood stain knives recovered at the instance of accused and same were sent to FSL - Report of FSL suggests that human blood found on one of knives having blood group `A', which was blood group of deceased - Clothes worn by accused also sent to FSL and..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of two live cartridges without requisite licence from accused's baggage - Conscious possession - Accused was not aware of presence of live cartridge in his bag and had absolutely no knowledge of the same till it was detected by security personnel during screening of baggage..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - No PW has stated a word against accused - No incriminating evidence brought on record by prosecution - All prosecution witnesses to recovery of articles and weapon of offence turned hostile - Even, witness regarding last seen turned hostile - Except the statement of I.O, there is no evidence with prosecution -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 323, 356, 504, 506, 326, 34 -- Anticipatory bail - Offence u/s 323, 356, 504, 506, 326, 34 IPC - Investigation almost complete but recovery of weapon as well as property allegedly stolen by co-accused is yet to be made - Petitioner associated himself with investigation of case as and when..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of weapon of offence and clothes of accused - Recovery effected pursuant to information furnished by accused u/s 27 of Evidence Act - Human blood was detected on the articles recovered - No explanation offered by accused u/s 313 Cr.P.C. as to how blood..........
