Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal - Non-recovery of weapon and vehicles involved in offence - Failure of prosecution in establishing involvement of said vehicles in commission of offence - No prior meeting of mind of accused proved by prosecution - Guilt of accused not established beyond reasonable doubt - Acquittal of accused,..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Accused acquitted on the basis of apparent lapses in the investigation and missing links on the following grounds: (i) Non-recovery of stolen money and weapon of offence; (ii) False case lodged by PW2 alleging he was looted by some other miscreants; (iii) Non-identification of dead body; (iv)..........
Criminal trial -- Murder - Non-recovery of weapon of offence - Where medical evidence confirms the ocular evidence about fatal injury having been caused with sharp instrument, no, recovery of knife used in crime is inconsequential...........
Indian Penal Code, 1860, Section 363, 364 -- Kidnapping of ten years minor child - Minor child stated that accused abducted him and brought to her house and kept in wrongful confinement for two days, from where he was recovered - PW3 is a witness of said recovery - However, no other evidence is available against accused for being member of a gang, involving in killing and..........
Indian Penal Code, 1860, Section 394 -- Robbery - Recovery of offence of weapon - As per witnesses place of recovery was bush behind building which was under construction - However, according to seizer list, weapon of offence was recovered from the pucca place on the first floor of the building - Discrepancy found as to place of recovery - Conviction, held, not proper...........
Indian Penal Code, 1860, Section 354, 302, 404 -- Outraging the modesty of woman and murder - Accused alleged to have killed deceased after molesting her and dishonestly misappropriated property belonging to her - Evidence on record shows that accused had an evil eye upon deceased and also winked and teased her on previous occasions - Medical evidence shows that there was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused acquitted as (i) Motive of crime is missing; (ii) Last seen evidence not proved; (iii) Extra-judicial confession is not voluntary or prompt in nature thus, it would be absolutely unsafe to give credence or weightage to such extra judicial confession; (iv) Recovery of blood stained..........
Criminal trial -- Non-recovery of weapon of offence - Where there is clear, unimpeachable and trust worthy ocular evidence available which is fully corroborated by medical testimony, non recovery of weapon would not, in any manner affect the prosecution case...........
Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of weapon of offence and T-shirt of accused - When no blood was found on the recovery of weapon of offence and T-shirt of accused, recovery of said materials is not relevant so as to connect the accused with crime - Conviction & sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 498A, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Cruelty - Circumstantial evidence - Deceased was subjected to cruelty on the day of occurrence and she died due to multiple injuries - Dead body of deceased recovered from well - Family members of deceased deposed that relations between deceased and her husband/accused..........
