Indian Penal Code, 1860, Section 302 -- Murder - Evidence of injured eye witness not reliable - Evidence of finger prints experts not believable - Though human blood was detected upon weapons used in committing offence, but quantity was too little to carry out grouping with blood of deceased - Trial Court while acquitting accused properly appreciated evidence - High Court..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PWs stated that accused and deceased were together the previous morning of incident - However, evidence of witnesses leaves it in the realm of doubt that deceased may have parted company with accused or may have gone away with PW2 - If that be a possibility, last seen theory does..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory not proved on record - Motive of crime also not established - Conduct of accused in not going in hiding and being at home at night before recovery of body is also incompatible with his guilt, as normal behavior would have been to abscond - Only on the basis of identification of..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 118 -- Murder - Death by burning - Testimony of child witness aged 8 years - PW15, daughter of deceased was found competent to depose in Court - She categorically stated that her father had set her mother on fire - Statement of PW15 is natural and it cannot be said that she was tortured to make such a..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Murder - Death by burning - Oral dying declaration - Deceased suffered 85% burn injuries - Dying declaration stands clearly established on record through testimony of nurse as also mother of victim - Testimonies of said witnesses fully inspires confidence, as they disclosed the events which took..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Death by burning - Deceased suffered 85% burn injuries - Conduct of accused not ensuring proper medical treatment to deceased conclusively establishes his guilt - Defence of accused that it was case of accident by bursting of stove, not proved on record, as no telltale signs of bursting of a stove were found on spot -..........
Indian Penal Code, 1860, Section 302, 149, 120B -- Double murder case - Appeal against conviction - Courts below gave convincing reasons after analyzing evidence of eye witness and other witnesses - Presence of accused at the scene of occurrence stood established - Evidence of all PWs are consistent and corroborated with each other regarding role of accused and their..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 3 -- Murder - Conviction - Credibility of eye-witnesses - FIR disclosed wide variation in events - Statement made by two witnesses that they saw their brother being assaulted but they did not go near him for their own safety as accused were armed with lathis and jeli and went back home, remained silent..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained articles - It is neither necessary nor always possible for prosecution to link the blood to injury by grouping and it may be sufficient for prosecution to establish the existence of human blood on recovered articles...........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Accused was suspicious of illicit relations between deceased and his wife and was nursing his grudge against them for this reason - Said fact is proved from the testimony of wife of accused and friend of accused - Violence at the hands of accused against his wife and prior threats to deceased stand proved on record..........
