Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained `Kandhala' - Murder case - Weapon of offence got recovered from disclosure statement of accused - Prosecution examine both official witnesses who have stated consistently as regards factum of accused having made disclosure statement and having led police..........
Evidence Act, 1872, Section 3 -- Recovery of weapon of offence - Recommendation and suggestions viz: (i) all I.O apart from making sketch of recovered weapons shall also take photographs of same which can give a better picture of weapon used; and (ii) implements/weapons must be described clearly by trial Courts in judgments e.g a `Datar' can be described as an agriculture..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1969, Section 27, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of injured witness on spot of incident not denied by accused - Accused failed to explain injuries sustained by injured witnesses - Recovery of weapon proved on record - Moreover, reliable and consistent testimony of..........
Criminal Procedure Code, 1973, Section 173 -- Application for further investigation against wife of deceased by sister of deceased - Murder of father by son - There is no recovery of weapon as recovery of weapon became impossible due to its throwing into river by accused - Earlier statement of accused regarding involvement of other three persons in murder not reliable as..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 54, 59 -- Quantum of sentence - Attempt to murder - Gunshot injury at dorsal spine - Appreciation of evidence - Accused shot victim at her back after she refused to marry him - In the opinion of doctor, victim had no chance of recovery and her condition is worse than a dead person and she was dying..........
Indian Penal Code, 1860, Section 302 -- Murder - Direct evidence - Recovery of weapon of offence and clothes of accused - Blood stain knives recovered at the instance of accused and same were sent to FSL - Report of FSL suggests that human blood found on one of knives having blood group `A', which was blood group of deceased - Clothes worn by accused also sent to FSL and..........
Evidence Act, 1872, Section 27 -- Recovery of weapon - When recovery is effected pursuant to any statement made by accused, document prepared by I.O. contemporaneous with such recovery need not necessarily be attested by independent witness - If any such statement leads to recovery of any article, it is open to I.O. to take signature of any person present at that time, on..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon - Only incident connecting accused is recovery of weapon at the instance of accused - But said recovery is from house belonging to PWs also and was from a known place, known to all - Medical evidence does not support prosecution story - Testimony of PWs shows that they were not..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of two live cartridges without requisite licence from accused's baggage - Conscious possession - Accused was not aware of presence of live cartridge in his bag and had absolutely no knowledge of the same till it was detected by security personnel during screening of baggage..........
