Evidence Act, 1872, Section 8 -- Motive - Proving motive is not an important factor when abundant direct evidence is available on record - However, motive plays significant role in a case based on circumstantial evidence where purpose would be to establish this important link in the chain of circumstances in order to connect the accused with the crime...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Three accused convicted for the offence punishable u/s 302 - Recovery of katta at the instance of A1 disbelieved and FSL report does not establish that said katta was used in the commission of offence - Neither arrest of A1 nor recovery of bloodstained t-shirt at his instance..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred as a result of sudden fight and in heat of passion upon a sudden quarrel - Offence was not pre-mediated - All injuries are ante mortem in nature, fresh prior to death in duration and caused by blunt force - However, cause of death was not on account of infliction of injury by use of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - PW3 stated that he had seen the incident - However, evidence of informant as well as I.O does not indicate that PW3 told them that he had seen the incident - Moreover, he is not cited as eye witness by prosecution - PW3 thus, not speaking truth, as he had neither seen the occurrence nor he furnished the details of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Genesis of occurrence suppressed by prosecution - Case involves a fight between accused and deceased - However, evidence of direct witnesses not satisfactory - There is absence of extreme cruelty, even if it is assumed that accused hit the deceased with log - Had there been strong..........
Indian Penal Code, 1860, Section 304, 308, 323 -- Offence u/ss 304, 308, 323 IPC - FIR lodged promptly - Three witnesses of facts specifically stated that accused committed crime - Statement of injured eye witness/PW7 being son of accused fully corroborated by medical evidence - No major discrepancy found in testimony of PW7 and his presence on the scene of occurrence..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8 -- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by..........
Indian Penal Code, 1860, Section 302, 201, 149 -- Murder - Dead body of deceased was recovered in two pieces and the same identified by step mother of deceased - Motive of crime proved on record, as just prior to incident accused `K' threatened deceased not to give evidence against him in criminal case filed against accused in which deceased was a witness - Evidence of PWs..........
Ranbir Penal Code, 1989, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Appreciation of evidence - Delay of 4 days in lodging of FIR - There are contradictory statements regarding post-mortem report in statements of witnesses recorded u/s 161 Cr.P.C. - Even, duty personnels who were on duty at wireless headquarters have not been cited as..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Interested witnesses - Motive of crime is clear as on previous day of occurrence also, parties met at police station regarding some issue - Evidence of ocular witnesses narrates guilt of accused beyond reasonable doubt and corroborates with medical evidence - Testimonies of interested witnesses provided clear picture of..........
