Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Non-examination of officer of mobile company cannot be said to be fatal to prosecution case, particularly when CDR was exhibited, through deposition of I.O and no objection was raised on behalf of..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Prior enmity between accused and father of children - Deceased were seen going with accused in school uniform with their school bags and after the incident accused was not found in his house and..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Last seen evidence - PW8 stated that accused was last seen together with deceased - He recognized accused in Court and he knew complainant and his three children - PW8, thoroughly cross-examined by defence and nothing shown to make out any case which may..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 27 -- Kidnapping and murder of three minor children - Circumstantial evidence - Disclosure statement - Recovery of dead bodies at the instance of accused - Recovery of dead bodies along with school bags and dress at the instance of accused - Dead bodies were recovered from the places shown by accused..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 154 -- Kidnapping and murder of three minor children - Circumstantial evidence - Hostile witness - Accused was found in the house of PW13 - However, PW13 turned hostile - But in cross-examination PW13 specifically stated that accused told him that children of complainant had gone missing and complainant..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Death sentence - Offence committed in extreme mental or emotional disturbance, due to elopement of wife of accused with uncle of children - Only aggravating circumstance against accused is that incident took place in brutal manner - At the time of occurrence, accused 28 years of..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of unsoundness of mind - Informant/PW3 has corroborated both PWs 1 and 2 and stated that being accompanied by these two witnesses he came to his house adjacent to house of deceased where she was being beaten up by accused - He denied that accused lost his mental balance six to seven years ago - PW4 wife of informant..........
Indian Penal Code, 1860, Section 302 -- Murder of six months old child - Circumstantial evidence - Time of death of minor child was not proved by prosecution - Failure to do so in a case based on circumstantial evidence is fatal - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder of six months old child - Circumstantial evidence - Motive - PWs claimed that there is prior enmity between mother of child/PW12 and accused/sister-in-law over locking of joint privy - However, nothing on record that on fateful day any quarrel ensued between accused and PW12 over such dispute -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder of six months old child - Circumstantial evidence - Extra judicial confession - PWs 4 & 6 stated that accused immediately after recovery of dead body of child made extra judicial confession before them - Accused was detained by witnesses - There is thus, doubt whether such confession was either..........
