Showing : 1-10 of 322 Results

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
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27-- Murder of six persons out of seven family members - Recovery of cash and ornaments from house of accused - Recovery effected at the instance of accused which was identified by PW5 - Merely because earlier there might have been search at the house of accused and nothing was found at that time,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 27-- Discovery of fact - It is not discovery of every fact that is admissible but discovery of relevant facts is alone admissible...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34-- Recovery of shirt of accused - Murder and robbery - Mere recovery of shirt of accused at his instance allegedly matched with small broken button found at the scene of crime, would not prove the guilt of accused, particularly when nothing in record to show that shirt is unique and cannot be matched..........
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 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A)-- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of accused recorded under provisions of TADA Act - Since accused cannot be proceeded for TADA offences..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 506, Arms Act, 1959, Section 25, 27-- Murder - Death sentence - High Court while affirming conviction and sentence as awarded by trial Court, not dealt with issue as to whether conviction recorded by trial Court was justified or not - High Court was sitting as a Court of first appeal, therefore required to revisit entire evidence and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 449, 34, Evidence Act, 1872, Section 27-- Murder - Circumstantial evidence - Recovery of two knives - Recovery effected from A-1 - I.O deposed that after seizure of knives, same was not sealed and he merely put them in box and sent the same to Magistrate - Such procedure adopted by prosecution is highly improper and illegal, as box can be..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27-- Tripple murder case - Robbery - Circumstantial evidence - Recovery of blood stained weapons - Prosecution failed to establish that weapons recovered were used for commission of crime - Medical evidence also indicates that injuries found on the body of deceased persons could not have been caused..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27-- Tripple murder case - Robbery - Circumstantial evidence - Recovery of blood stained clothes and items - Veracity of recovery is doubtful, as recovery effected 2 days after arrest of accused and recovery of stolen articles from houses of accused which I.O had thoroughly searched previously - FSL..........

Showing : 1-10 of 322 Results