Indian Penal Code, 1860, Section 302, 147 -- Murder - Motive - PW1 stated that accused wanted to sell ancestral land which was being opposed by deceased - PW2/real brother of accused and deceased in his evidence stated that accused wanted to sell his land which was being opposed by deceased as accused used to drink liquor after selling his land, due to that reason accused..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Appellant needed money to get his jeep back and for this purpose he looted tractor by killing driver to arrange money - However, there is no further evidence on record to prove that after looting tractor and committing alleged murder of deceased he has..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by poisoning - Court must carefully scan evidence and determine four important circumstances which alone can justify conviction i.e. : (i) there is a clear motive for an accused to administer poison to deceased; (ii) that deceased died of poison said to have been administered; (iii) that accused had poison in his..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by poisoning - Circumstantial evidence - Deceased himself made no statement as to how he fell ill or what caused his death - Post-mortem report was inconclusive, cause of death was not found and uncertainty prevailed and matter was referred to FSL where it was shown to be carbamate insecticide (Baygon) - In absence of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Crucial witnesses including close relatives of deceased either turned hostile or have failed to support prosecution case in material aspects - No eye witness to the incident as per I.O. - Delay in lodging FIR further casts a shadow on reliability of case of prosecution - Motive of crime not proved - Presence of..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Recovery of weapon of offence - Neither recovery memo of weapon of offence exhibited by prosecution nor weapon of offence was produced in Court - Even, no motive of accused committing offence has been established by prosecution - Injured and I.O. were not produced in Court - Prosecution failed to prove its case -..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Merely because the IOs spoke of such statements having been made by the witnesses during investigation, does not give them any credibility, enabling acceptance, unless the witnesses themselves spoke of such motive or acts of commission or..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Evidence on record shows that there was some misunderstanding between deceased and accused at one point of time, however, same does not establish the motive for committing the murder of deceased by accused - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 8 -- Murder of two children by father - Motive - Accused used to harass his wife both physically and mentally by suspecting her fidelity and by proclaiming that deceased were not born to him - Evidence of PWs 5 to 7 clinchingly establish motive of accused to kill both children - Motive proved -..........
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..........
