BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34-- Bail - Murder - Circumstantial evidence - Accused tracked by police dog - Evidence of tracking by dog is weakest piece of evidence - Material against accused does not require his further pre-trial detention in crime - Accused released on bail with conditions - Bail granted...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 149-- Murder - Testimony of eye witnesses - There are six eye witnesses and three of them are injured eye witnesses, which is a weighty factor to show the actual presence of these witnesses at the scene of occurrence - Credibility and trustworthiness of all these eye witnesses could not be shaken by..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder - Appreciation of evidence - As per statement of eye witnesses accused persons were not involved in assault - Evidence on record does not reveal that injuries were caused by accused persons - Even, innocent family members of accused persons were roped on account of enmity between accused..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 54-- Murder - Character of accused - Merely because trial Court while convicting accused did not consider the antecedents of accused as stated by PW7 in his statement, it cannot be said that it violates the provision of S.54 of the Evidence Act...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 201, 34-- Murder - Circumstantial evidence - Recovered articles i.e axe and clothes were sent to FSL - However, in FSL report, no blood was found upon axe, so also, blood group upon clothes of accused, did not match with blood group of deceased - Recovery of axe and clothes of accused thus, cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34-- FIR - Murder case - FIR recorded in a continuous manner without leaving any possibility of insertion - Contention that FIR was written at police station in consultation with police and deliberate gaps were left in FIR with a motive to fill the same at a later point of time, rejected, particularly..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 201, 34-- Murder - Circumstantial evidence - Two witnesses of extra judicial confession turned hostile - I.O did not turn up to give evidence in support of prosecution case - In FIR neither any assertion is made with regard to last seen nor any motive/intention was disclosed for murder of deceased -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Prior enmity - Presence of accused `B' at the spot and his participation in crime proved by eye witnesses - Mere externment would not be a ground to say that accused `B' was not at the place of incident, once accused `B' was seen at the place of incident firing deceased..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Prior enmity - Weapons of offence recovered at the disclosure statement of accused `D' and it was he who pointed out the place where weapons of crime was hidden - It was not possible that accused `D' was not aware of place of hiding of weapons used in the incident -..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302-- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate was..........