Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302 -- Motive - Murder - Circumstantial evidence - If prosecution establishes motive for accused to commit crime it will undoubtedly strengthen prosecution version based on circumstantial evidence, but that is far cry from saying that absence of motive for the commission of crime by accused will irrespective..........
Constitution of India, 1950, Article 136, Indian Penal Code, 1860, Section 302, 201, 34 -- Murder case - Credibility of witnesses - Ordinarily not re-visited in appeal by special leave...........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Recovery of weapon proved on record - Even, evidence establishes that bullet found in the body of deceased was fired from the gun which is allotted to accused - Moreover, accused and deceased were last seen together - Testimony of witnesses found to be..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Last seen together - Prosecution contended that it is accused who took deceased to room with intention of killing him since accused `S' suspected that PW10 was having an affair with deceased - However, manner in which accused reached at the spot and guest house in question suggests a total..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Medical evidence - Prosecution failed to prove exact time of death of deceased - Deceased was a drug addict who died due to overdose of drugs - Possibility of deceased injecting himself cannot be negated - There is also possibility of deceased calling some other person to inject him with drug..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Motive put forth is that PW10 was close to accused `S' who introduced her to deceased - Two had developed close relationship which was not liked by accused `S', who thereafter conspired with A-2 to Kill deceased - However, in first complaint, there is no..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Deceased and accused were sleeping in one room and deceased died due to overdose of drug - No evidence on record that A-2 injected poisonous substance into body of deceased - Circumstances proved cannot lead to inference that it is accused alone who committed offence - Medical evidence does..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No overt act alleged against deceased by which it can be stated that accused was provoked - Provocation was voluntary on the part of offender - Such provocation cannot come to the rescue of accused to claim that he is not liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Accused was not actually seen in the company of deceased any time soon before her death - Prosecution is guilty of concealing material witnesses from Court who had seen deceased jumping into canal and same cannot be casually discarded - Though injuries found on the private parts of deceased,..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 34 -- Extra judicial confession - Murder - Accused made extra judicial confession before PW2 and stated that he and one person committed murder of deceased - However, PW2 is not a man of authority before whom extra judicial confession was allegedly made by accused - More so, in case extra judicial..........
