Indian Penal Code, 1860, Section 302, 394, 32 -- Murder - Robbery - Circumstantial evidence - Allegation that accused murdered the deceased and stole his car and was arrested when they met with an accident - Two circumstances emerging from the evidence i.e recovery of dead body and finding the accused with others inside the vehicle - However, there is no evidence on record..........
Indian Penal Code, 1860, Section 302, 307 -- Murder of wife by husband - Attempt to murder daughter - Circumstantial evidence - Accused acquitted as circumstances established do not bring forth a chain of circumstances as : (i) Accused was not present in the home at the time of incident and thus, abscondance of accused at the spot does not arise; (ii) Arrest of accused in..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Murder - Death by fire shot - Recovery of fire arm - No material on record to connect that gunshot injury suffered by deceased was due to shot fired from firearm of accused - Though bullet was recovered but same was not connected with weapon - Motive of offence not proved - Manner and genesis of..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Testimony of police officer - Weapon of offence recovered and seized on the disclosure of accused from a pond, while they were in police custody - Testimony of police witness in respect of said recovery cannot be rejected solely because he was a policeman, as S.27..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Appeal against conviction - Conviction upheld, as chain of circumstances proved against accused as follows: (i) no long gap between deceased last seen with accused by PWs who are inmates of his family; (ii) deposition of PWs about money lent to accused by deceased and to visit his place for..........
Indian Penal Code, 1860, Section 302 -- Murder - Six accused were implicated for murder of deceased out of which four acquitted and one died - Present accused convicted on the basis of testimony of PW1, an eye witness - Incident occurred at night in dark area - Prosecution failed to establish that there was sufficient light in which PW1 could see the accused who attacked..........
Indian Penal Code, 1860, Section 302, 397, 404, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of weapon of offence (hammer) at the instance of accused, is not proved, as such recovery effected after 12-13 days of occurrence from an open place, accessible to anybody, raises serious doubt about veracity of prosecution case - More so, as..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of weapon of offence at the pointing out of accused - Time of recovery not mentioned - Public witness not joined - Alleged theory of recovery not believable - Without corroboration of independent witnesses recovery of weapon of offence not believable - Sole evidence of recovery itself..........
Indian Penal Code, 1860, Section 302, 326, 341, 147, 148, 149 -- Murder - Unlawful assembly - Common object - Eye witnesses to the occurrence cumulatively stated the specific role played by each one of five accused - All five accused ran away from the spot after causing severe injuries to deceased and injured witnesses - Motive for offence which resulted assault on..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained `Khoont' (weapon of offence) - Blood stains available on weapon of offence and wearings of accused matched with blood group of deceased - However, PW14 met accused twice and in both the meetings he noticed that she was carrying `Khoont' but he did not disclose availability of blood stains on..........
