Indian Penal Code, 1860, Section 302, 323, 148, 147, Evidence Act, 1872, Section 27 -- Murder - Seizure memo and identification memo - Recovery of weapon of offence and identification of spot claimed to have been effected on basis of statements made by accused during their police custody - But no such statements in accordance with provisions of S.27 of Evidence Act..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained clothes of deceased and weapon of offence - Blood stained clothes of deceased and also blood stained `Katti' was recovered at the instance of accused from his house in presence of Panchas under memorandum - Same was sent to FSL - When weapon used for..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Eye witnesses stated entire sequence of events as contained in complaint which had led to incident having occurred in the house of A-3 - When accused and deceased were inside the house and in the circumstance death on the spot had occurred, death of deceased in the manner as contended by prosecution and spoken..........
Evidence Act, 1872, Section 27, 59, 60, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained lathi at the instance of accused - Murder case - I.O did not specifically narrate before Court as to what exactly accused stated to him while giving information u/s 27 of Evidence Act - Actual words as stated by accused to I.O should have been..........
Indian Penal Code, 1860, Section 302 -- Murder - Absconding of accused - Mere absconding by itself does not necessarily lead to firm conclusion of guilty mind...........
Indian Penal Code, 1860, Section 302 -- Murder - Absconding of accused - No evidence on record to effect that accused was absent intentionally or ran away so as to evade his arrest - I.O did not state a single word about such conduct of accused - There is no eye witness supporting prosecution case - Evidence of recovery of weapon of offence is not sufficient to hold..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Dead bodies of victims found multiple external injuries sustained by them - All such injuries were found sufficient enough to have caused death in ordinary course of nature - Eye witnesses who witnessed the occurrence and identified most of assailants, also elaborated..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Death sentence - Accused after committed murder of four members of one family threw them in a canal - High Court after carefully drawing balance sheet of aggravating and mitigating circumstances, deemed it appropriate that case does not fall amongst exceptional category..........
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..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Three days delay in recording statement of PW1 & PW4 u/s 161 Cr.P.C. - Such delay is substantial and assumes some importance as it has been alleged that FIR has been back dated and was never sent to Magistrate as required u/s 157 Cr.P.C. - Testimonies of PW1 & PW4 have to be held as wholly unreliable - Accused..........
