Indian Penal Code, 1860, Section 302, 364, 120B -- Murder - Kidnapping - Circumstantial evidence - Benefit of doubt - Last seen theory not acceptable as there is no close proximity between place and time of crime - Motive of crime not proved - Disclosure statement of appellant cannot be looked at for corroboration of this version - Weapon of offence neither produced nor..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Maruti Van carrying accused was seen moving prior to commission of offence in the area in question - Said Van recovered at the instance of A-3, as he was driver of same - Said fact is proved by two Courts below with the aid of PWs -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Issue of exchange of property raised for first time in written statement - If theory of exchange as advanced by defendants is found to be correct, plaintiffs may loose their case - Plaintiffs therefore, entitled to question this pleading which can no, suit their case totally - Filing of rejoinder thus, warranted in..........
Evidence Act, 1872, Section 3, 106 -- Circumstantial evidence - Last seen theory - Onus to prove - Mere invocation of last seen theory sans facts and evidence in case will not suffice to shift onus upon accused u/s 106 of the Act, unless prosecution first establishes a prima facie case...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased left cinema hall together - PW2, gate keeper of Cinema knew both of them - Evidence of PW2 corroborates evidence of father and wife of deceased to the effect that deceased had gone to see a movie before occurrence of incident and that both were seen together..........
Criminal trial -- Circumstantial evidence - In a case of circumstantial evidence, Courts are called upon to make inferences from the available evidences, which may lead to the accused's guilt - Courts have to identify the facts in the first place so as to fit the case within the parameters of `chain link theory' and then see whether the case is made out beyond reasonable..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW1 is the only witness of last seen theory - However, testimony of PW1 not corroborated by any other witness - Recovery of various articles not proved, as forensic examination of these recovered articles not proved in Court - Accused proved to be falsely implicated in the suit - Motive of..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Witness of Last seen theory is not reliable, as PW7 remained silent for 2 months after the occurrence itself and PW8 also suffers from the same shortcomings - Said witnesses were shown to be roped by police as an after thought in order to put..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Murder case - Plea of suicide put forth by accused in his statement u/s 313 Cr.P.C - Even if said plea was found incorrect, that cannot stand alone consideration to convict accused in absence of corroborating evidence - When prosecution failed to discharge burden placed upon it to show that accused..........
Evidence Act, 1872, Section 3, 106 -- Last seen theory - It is a weak kind of evidence by itself to found conviction upon the same singularly - However, when it is coupled with other circumstances such as time when deceased was last seen with accused, and recovery of corpse being in very close proximity of time, accused owes an explanation u/s 106 of the Evidence Act with..........
