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..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence -Recovery of cash - Cash is not traced back to deceased, as box from which articles were allegedly stolen is not recovered or seen by any witness - Even in FIR there is no averment of any article or money being stolen or lost - Therefore, when money allegedly recovered is being..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 34 -- Testimony of child witness - Murder and robbery - PW8 being child witness is not an eye witness to the incident - She was aged about 9 years at the time of incident - Evidence of PW8 is fraught with inconsistencies - None of other witnesses have identified the accused - PW8 did not tell about..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Finger prints Evidence - Expert who examined articles at the place of occurrence and found some finger prints not examined - Person who took the sample finger prints also not examined - No explanation about why articles were just left at the scene after developing finger prints..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Forensic evidence - Findings of hair analysis are inconclusive - Report only concluded the specimen to human hair - Same is not sufficient to substantiate presence of accused - Forensic evidence held, insufficient...........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Last seen evidence - Prosecution relied upon evidence of PW8 to show that accused and victims were last seen together - However, PW8 in her evidence stated that accused had come one day before in night and next day deceased persons died - PW8 is a child witness, neither she..........
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, cannot be..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Recovery of sleeping tablets from car of accused - Accused gave pills to deceased and thereafter killed them - However, no poison was detected in contents sent to chemical examiner - Non-detection of poison in contents would not be fatal to prosecution case, as where pills are given..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Testimony of eye witness - PW5 was also thrown into canal by accused along with deceased persons - However, PW5 survived and came out of canal with the help of an iron bar in canal - Accused was last seen together with three deceased persons and thereafter they were not seen alive..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Death sentence - Accused killed six innocent persons out of which two were minors in a preplanned manner - He meticulously planned the time - Only one person of family i.e PW5 could survive - Accused kidnapped first three persons by way of deception and took them to canal and after..........
