Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses - Testimony of eye witnesses is free from any blemish of contradictions, improvements and discrepancies - These witnesses are truthful and aspire confidence of Court - Medical evidence duly corroborates the ocular evidence - Prosecution proved its case beyond reasonable doubt against accused - Conviction..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Word `Upper bhej diya' as stated by accused cannot be construed to be an admission of guilt...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused acquitted as (i) Motive of crime is missing; (ii) Last seen evidence not proved; (iii) Extra-judicial confession is not voluntary or prompt in nature thus, it would be absolutely unsafe to give credence or weightage to such extra judicial confession; (iv) Recovery of blood stained..........
Indian Penal Code, 1860, Section 302, 201, Arms Act, 1959, Section 25 -- Murder - Appeal against acquittal - Circumstantial evidence - Case based only on last seen evidence - Testimonies of PWs of last seen evidence recorded after four days of incident - No statement of PWs recorded immediately after recovery of dead body - No other evidence except evidence of last seen..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra-judicial confession - Accused allegedly murdered deceased since she resisted the attempts of accused to rape her - However, accused acquitted of charge u/s 376 IPC - Accused made extra-judicial confession before PW1, PW4 & PW5 - However, there are major contradictions in the statements of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Extra-judicial confession - Accused confessed before PW1 that he killed his wife and has thrown body in the river but he made disclosure statement to the effect that he killed his wife and concealed the body in septic tank - Body was recovered from septic tank - Medical report supported ocular..........
Indian Penal Code, 1860, Section 302, 309 -- Murder - Accused committed murder of his two minor children and thereafter attempted to commit suicide - All PWs turned hostile - No evidence on record which proves the guilt of accused - Moreover, mother of both children and wife of accused had absolved accused - Suspicion however, grave cannot take place of truth - Benefit of..........
Indian Penal Code, 1860, Section 302, 309, Evidence Act, 1872, Section 73 -- Murder - Comparison of disputed and admitted signatures on arrest memo, seizure memo and recovery memo - Prosecution failed to prove admitted signatures of accused on arrest and seizure memo - Nobody has appeared in Court to said that signatures were made in his presence or they have conversant..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Common object - Two deceased persons died due to fire arm injuries in their field and third one was killed in her house - Accused persons were identified by PW2 & PW4, even though there was no source of light but after hearing the fire shots PW4 came outside with his torch and saw the accused persons even..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24 -- Murder - Disclosure statement - Disclosure of place of occurrence and recovery of knife and rope at the instance of accused cannot be taken into consideration as same was already in knowledge of police and does not advance the prosecution case and thus disclosure made is not worthwhile...........
