Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of clothes and weapon - Trial Court disbelieved the recovery on two grounds that there was no memorandum statement of accused as required u/s 27 of Evidence Act and recovery of knife was from an open place accessible to one and all - Approach adopted by trial..........
Evidence Act, 1872, Section 8 -- Motive - Motive may also have a role to play even in a case of direct evidence, but it carries much greater importance in a case of circumstantial evidence than a case of direct evidence...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Mother of deceased/PW25 is the main witness of last seen - She stated that she saw deceased with accused persons standing at the gate of her house - However, PW25 in her cross-examination when confronted with her statement u/s 161 Cr.P.C said that no such statement is..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - If extra judicial confession of accused is accepted, statement of last seen theory given by PW25 becomes difficult to be given credibility and if extra judicial confession is ignored, statement of PW25 appears to be an improvement only to develop last seen theory..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Where conviction is solely based on circumstantial evidence, inconsistencies in testimonies of important witnesses cannot be ignored to uphold conviction of accused...........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 7 years old girl - Circumstantial evidence - Last seen theory, arrest of accused, recovery of dead body, do not conclusively complete chain of evidence and establish the fact - Circumstantial evidence against accused does not conclusively establish guilt of accused in committing murder of deceased -..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Last seen theory - Furnishing or non-furnishing of explanation by accused in the case based on circumstantial evidence, would be a very crucial fact, when theory of "last seen together" as propounded by prosecution was proved against him...........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Motive - Bald allegation made by prosecution that sum of Rs.80,000 was taken by two deceased from `B' who was owner of shop where accused was working - However, said amount was not payable or due from accused - No evidence is led by prosecution to show that accused would have..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Last seen theory - Time gap between incident of last seen and time of death is 19-20 hours - Suspicion arises with regard to presence of accused with two deceased or testimony of PW4 about his having lastly seen deceased with accused - Last seen evidence not proved - Accused..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Recovery of spade and bullock - Recovery effected after 3-1/2 months and there is no independent witness to such recovery - Spade otherwise not sent to forensic examination - Specific circumstance with regard to recovery has not been put to accused u/s 313 Cr.P.C - Recovery not..........
