Indian Penal Code, 1860, Section 302, 201 -- Murder - Dead body of deceased found from well - Death resulting from asphyxia includes death due to hanging, strangulation, suffocation and drowning - Since drowning is stated to be after death and no contrary evidence suggesting any hypothesis is available, nature of death was homicidal - Eye witness PW3 turned hostile -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67 -- Recovery of 7.4 kg heroin - Confession of co-accused - Allegation against accused is that after taking delivery of contraband from one person, co-accused was to take heroin and hand it over to one `N' - Said `N' was to further hand over heroin to accused - However, said persons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67 -- Recovery of 7.4 kg heroin - Confession by accused - No material placed on record that confession is voluntary made, free from any pressure and also accused was apprised of his rights before recording confession - Confession held, not reliable - Accused acquitted...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of dead body - Murder case - Police already recovered dead body from the place where accused had thrown the same, therefore in absence of recovery, confession does not fall within exception of S.27 of Evidence Act...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra judicial confession of accused not proved on record - As regarding recovery of scooty on the basis of disclosure statement of accused, same is also not proved - Even, there is no blood mark on scooty or any other evidence that it was used by accused in disposing of body - Prosecution failed to..........
Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Murder - Appeal against acquittal - Deceased and accused party were at daggers drawn and they had an enmity with each other - Extra judicial confession of co-accused against accused cannot be read against him, as being of very little evidentiary value - Though blood samples of accused were taken for DNA profiling but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 390 gms Pseudoephedrine and 325 gms Heroin - Commercial quantity - Confession - Petitioner sent parcels containing contraband on three occasions - He stated in his statement recorded u/s 67 of NDPS Act that he used to book parcels to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Confession of co-accused - Can never be treated as a substantive evidence against accused - At the most it can be considered as a relevant evidence u/s 30 of Evidence Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 67, Criminal Procedure Code, 1973, Section 439 -- Recovery of 35 kg ganja - Bail - Confession of co-accused - Investigation of case is complete and final report also filed - Only material available against accused is statement of co-accused and there is no other material - There is thus,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - No eye-witness - Land dispute - Depositions of prosecution witnesses which stood rigour of cross-examination clearly support prosecution version and establishes enmity between accused and deceased - Said fact supported by PW1's last seen evidence, her prompt complaint to police and forensic..........
