Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Last seen evidence - PW1/only last seen witness admits that accused persons are not known to him - He also admits that he cannot say as to where accused persons are living - PW1 stated that deceased had gone alone - Theory of last seen propounded by star prosecution witness (PW1) is not made out...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of husband in driving away his wife at a vulnerable stage, after seeking judicial assistance to resume cohabitation, amounts to matrimonial misconduct and disentitles him from seeking relief on the principles of fault theory embodied in S.23(1)(a) of Hindu Marriage Act -..........
Criminal trial -- Mere suspicion, no matter how grave, cannot take place of proof in a criminal trial - Suspicion ought to have been substantiated by undeniable, reliable, unequivocal, consistent and credible circumstantial evidence, which does not leave probability of any other theory...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Nature of circumstantial evidence available against appellant though raises doubt that he may have committed murder but same is not so conclusive that he can be convicted on the evidence of `last seen together' - Appellant acquitted...........
Evidence Act, 1872, Section 106 -- Burden of proof - Last seen theory - Murder - If prosecution proves by leading reliable evidence that accused was last seen with deceased, burden would be shifted on accused to explain said incriminating evidence either in his statement u/s 313 Cr.P.C. or by leading evidence in his defence or even by bringing out facts during course of..........
Indian Penal Code, 1860, Section 364A, 302 -- Kidnapping and murder - Circumstantial evidence - Last seen theory - PW18 had stated that he had seen accused with deceased in the evening on the day of incident - However, said evidence alone would not be sufficient to hold him guilty of alleged offence - Recovery of blade, nails and T-shirt with blood stains after two days of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Evidence of PW1 on the last seen theory cannot be believed as he stated that he was sleeping when allegedly appellant took the deceased with him - Statement of PW1 that PW3 had visited appellant's house at 1 pm is hearsay as he did not accompany his wife/PW3 - Significant..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seem theory - There is no credible evidence on record of the case to establish the exclusive presence of appellants with deceased in the house in question at any time before the incident, justifying the shifting of burden of proof on to appellants by invocation..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1 stated that last seen witnesses disclosed the incident to him after 18 days of incident - Whereas last seen witnesses stated that incident and the facts relating thereto were told to PW1 by them on the next day of incident - Contradiction in the version of last seen..........
