Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 120B -- Direct evidence of conspiracy - It is rarely available and the same has to be gathered from the circumstances...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder of wife and three children by consuming poison - Circumstantial evidence - Recovery to 2 bottles from the shop of accused does not inspire confidence as independent witness has not supported such recovery and has stated that no such recovery was made in his presence and that his signatures..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Recovery of nylon rope - Death by strangulation - Nylon rope was recovered at the instance of accused - I.O could not recover said rope without having received information from accused - Accused thus, had knowledge of place where rope was kept - Recovery, held, proved...........
Indian Penal Code, 1860, Section 84, 302, 307, 309, Evidence Act, 1872, Section 3 -- Insanity - Offence u/ss 302, 307, 309 IPC - Appreciation of evidence - Witnesses specifically stated that accused was suffering from mental disorder for last near about 2 years prior to date of incident - Even, these witnesses were neither declared hostile nor anything has been elicited..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Admittedly, accused stabbed to death his concubine by using knife - There is consistency in evidence of PWs and findings recorded by surgeon - Even, post-mortem report reveals injuries on deceased - Thus, in absence of any evidence to contrary, post-mortem report can..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Application for removal of name of accused from charge sheet - Beant Singh Murder case - Merely because period of 22 years elapsed after the incident and accused succeeded in avoiding his arrest for a considerable long period, is no..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 354(i)(iv), Protection of Children from Sexual Offences Act, 2012, Section 11(i) -- Statements of interested witnesses - Murder - Sexual harassment - PWs 6 & 7 happens to be child/eye witnesses of incident and related to deceased - They stated the entire incident - No material contradiction found in their..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 354(i)(iv), Protection of Children from Sexual Offences Act, 2012, Section 11(i) -- Medical evidence - Murder - Sexual harassment - Non-finding of any injury on stomach of deceased by doctor, as alleged by PWs - Not very material and also not going to shatter prosecution case, as incised wound on neck and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Complete inconsistency regarding presence of PWs at scene of offence, manner in which attack took place and person who accompanied deceased to hospital - These inherent contradictions in evidence of PWs throw serious doubt on veracity of their testimony - Prosecution..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Mere seizure of weapon from person does not establish nexus between offence and person from whose possession weapon is seized, unless prosecution establishes that it is with that weapon that offence is committed - In the instant case, investigation agency failed to..........
