Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Test Identification parade (TIP) - Murder - Identity of accused already disclosed to witnesses before TIP - Identity of accused by said witnesses before Court is of no evidentiary value, as it is not fair and reliable - Consequently circumstantial evidence of last seen does not itself..........
Indian Penal Code, 1860, Section 302, 364, 392, 34, Evidence Act, 1872, Section 65B(4) -- Murder - Circumstantial evidence - Call details - No evidence on record as to how call details brought on record to connect accused with commission of crime - Moreover, no evidence with regard to call details could be proved unless competent officer of concerned cell phone company..........
Indian Penal Code, 1860, Section 302 -- Murder - Corpus delicti not found - If it is established that a particular person was intentionally killed in absence of discovery or production of body of murdered person, a conviction can be sustained, as conviction for an offence of murder does not necessarily depend upon corpus delicti being found...........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 9 -- Murder - Test identification parade (TIP) regarding photographs of dead body recovered from tank not conducted - Photographs of deceased cannot be relied upon for want of prior TIP - Doubt is created as to dead body recovered from tank was of deceased - Since corpus delicti was absent and..........
Indian Penal Code, 1860, Section 392, 394, 302 -- Robbery and murder - A-2 roped into crime only on the basis of mobile conversation with deceased - Mentioned Sim was in possession of A-2 as a result of which he was apprehended - However, said Sim number did not stand in the name of A-2 - Prosecution failed to establish that A-2 had conversation with deceased or A-1 beyond..........
Indian Penal Code, 1860, Section 392, 394, 302 -- Robbery and murder - Recovery of gold articles - Gold items were said to be pledged by A-1 to the jewellery shop of PW17 - PW17 stated that A-1 and A-3 had come to his jewellery shop for pledging gold articles - However, prosecution failed to prove that A-3 accompanied A-1 - Prosecution proved that A-1 committed murder of..........
Indian Penal Code, 1860, Section 302, 392, 460 -- Robbery and murder - Circumstantial evidence - Recovery of articles at the instance of accused stands fortified by deposition of witnesses of recovery - Even, FSL report shows that blood-stains on weapon is blood group of deceased - Chain of circumstances stands established on basis of cogent evidence on record -..........
Indian Penal Code, 1860, Section 302, 392, 460 -- Robbery and murder - Broken lock not seized and no attempt made to ascertain whether keys recovered were that of broken lock or not - Said infirmity not fatal to prosecution case when conclusion arrived regarding guilt of accused on basis of circumstances established by unimpeachable evidence...........
Indian Penal Code, 1860, Section 302, 201, 511, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Penile injury - There is no associated injuries over any part of body either in front portion or in the back portion - Contention that penile injury is possible on account of a fall rejected - Penile injury therefore, caused is not an injury sustained but..........
Indian Penal Code, 1860, Section 302, 201, 511, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Penile injury - A-1 is the beneficiary under Will executed by deceased in his favour - He is therefore the most interested person to cause death of deceased - Moreover, deceased was under the care and custody of A-1 - It is within the personal knowledge of..........
