Indian Penal Code, 1860, Section 307, 452, 380, 34 -- Attempt to murder - Theft - No specific or overt act has been attributed against any of appellants except some general and omnibus allegations of commission of theft and pressing neck of informant - However, informant has not gone under any medical examination - On the basis of bald testimony of informant, a case u/s..........
Indian Penal Code, 1860, Section 307, 379, 148, 149 -- Attempt to murder - Theft - Prosecution has deviated from original facts as there is no explanation regarding injury suffered by one of accused which finds place in evidence of PW19 - None of villagers supported version of PW1 and PW2 - PW1 and PW2 also involved in fight or scuffle with accused - Other witnesses who..........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 302, 379, 447 -- CCTV footage - Absence of certificate u/s 65-B of Evidence Act - Murder and theft case - Accused allegedly came to Finance company and wanted a jewel loan - However, gold chain brought by accused was imitated one - Both PW8 and PW9 employees of company have stated that police brought accused..........
Indian Penal Code, 1860, Section 302, 379, 447 -- Murder and theft - CCTV footage - Accused proved to be person who came to Finance company to pledge imitation chain belonging to deceased - Defence of accused was that he did not come to said company - This is a very powerful incriminating circumstance against accused...........
Indian Penal Code, 1860, Section 302, 379, 447, Evidence Act, 1872, Section 24 -- Murder and theft - Extra judicial confession - Accused not challenged the voluntariness of confession - Fact stated by accused find corroboration from independent sources - Extra judicial confession made by accused to PW14 held, proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence -Recovery of cash - Cash is not traced back to deceased, as box from which articles were allegedly stolen is not recovered or seen by any witness - Even in FIR there is no averment of any article or money being stolen or lost - Therefore, when money allegedly recovered is being..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Circumstantial evidence - Fact that dead body of deceased was recovered at instance of confessional statement of appellant, is not by itself sufficient to establish the guilt of appellant - Specifically when appellant has denied u/s 313 Cr.P.C. of making of any confessional statement and recovery of dead..........
Evidence Act, 1872, Section 27 -- Confession - Dacoity with murder - Accused confessed that he broke doors of house of informant with the aid of heavy stones and assaulted inmates with pieces of wood (sticks) - He categorically stated that he and co-accused were guarding at the outside while other accused were committing theft - Recoveries of used polythene pouches of..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
Indian Penal Code, 1860, Section 320, 34, 201 -- Murder - Framing of charges - Involvement of petitioner with other co-accused in assault of victim to death on the accusation of committing theft of mobile phones is established on record - Confessional statement of co-accused to the extent it exonerate the petitioner cannot be relied upon by him u/s 30 of Evidence Act,..........
