Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 323, 148, 147 -- Spot witnesses - Murder case - Material witnesses are spot witnesses - No reliance therefore can be placed with regard to manner and sequence of events of alleged incident, more particularly when there are irreconcilable inconsistencies with regard to manner in which incident as..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Bullets recovered from body of deceased not sent for ballistic examination and comparison and no explanation is forthcoming why these bullets were not sent for ballistic examination - However, prosecution relies on finding in FSL report that hole on shirt..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Relative witnesses - Murder case - PW11, who is brother of deceased, and PW13 is husband of niece of deceased fully corroborated prosecution case in their evidence - Mere fact that they are related to deceased, does not impeach their evidence in any manner and cannot be considered them as interested..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Injuries on the person of accused - Non explanation - Not even an iota of evidence which could even remotely prove and establish how accused persons sustained injuries - Non expalanton how accused persons sustained injuries..........
Indian Penal Code, 1860, Section 302, 34, 307, Arms Act, 1959, Section 25, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - - Murder - Dispute as to identity of A-2 - Contradiction in the case of prosecution and sentence adduced in Court as to who fired gun shots - Recovery of weapons from accused is also not proved by..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Accused being annoyed with his brother/deceased on having been slapped by him, murdered him and after putting dead body in fishing net dumped it in the pond - Skeleton of deceased recovered at the instance of accused on disclosure statement u/s 27 of Evidence Act..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive attributed to accused proved on record - Version of PW1 has been duly corroborated by PW3 - Even, accused did not made any complaint that his extra judicial confession was obtained by coercion - Cause of death as per post mortem reports duly proved..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Juvenile - Bail - Murder - No specific role of juvenile shown in impugned order of rejecting bail application - Impugned order set aside - Bail granted to..........
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Double murder - Circumstantial evidence - Medical and scientific evidence clearly demonstrates that accused used axe for inflicting injuries on deceased persons - Even, recovery of bag containing clothes and mobile of accused is proved by accused himself in his statement u/s 313 Cr.P.C. - Moreover,..........
