Indian Penal Code, 1860, Section 302, 34 -- Murder - Appellants alleged to have killed deceased by setting him on fire - Motive alleged by prosecution that deceased failed to return interest of money to appellant - Courts below convicted appellants on the basis of dying declaration and evidence of PW2 i.e. father of deceased - PW2 did not show any idea regarding recording..........
Evidence Act, 1872, Section 9 -- Identification of accused - Photographs - Offence u/ss 143, 147 and 304 Part II IPC - Investigating Officer procured the album containing the photographs with the names written underneath and showed this album to the eye witnesses and recorded their statements u/s 161 Cr.P.C. - Procedure adopted by police not justified under law -..........
Explosives Act, 1884, Section 9B (i) (b) -- Witness - Conviction on the basis of testimony of Investigating Officer - No independent witness - Investigating Officer was found to be trustful inspite of incisive cross-examination nothing came out to discredit his evidence - Court justified to record conviction on his evidence alone...........
Indian Penal Code, 1860, Section 304 Part II -- Evidence - Non examination of Investigating Officer - Effect - Not fatal to the prosecution case especially when no prejudice was likely to be suffered by the accused - Evidence of two injured witnesses credible Conviction upheld...........
Criminal trial -- Eye witnesses examined by investigating officer after 14 days of occurrence - Their evidence cannot be relied on to base conviction...........
Criminal trial -- Circumstantial evidence - Fact of demand of dowry and torture not disclosed to Investigating Officer - This fact disclosed in complaint for the first time which was filed after 11 months of alleged occurrence - Held, it is not possible to place reliance upon such evidence to prove this circumstance...........
Evidence Act, 1872, Section 3 -- Investigating Officer - Non examination - Does not in any way create any dent in the prosecution case much less affect the credibility of otherwise trustworthy testimony of eye witnesses - It is always desirable for prosecution to examine the Investigating Officer...........
Criminal Trial -- Appreciation of evidence - Contradictions - Contention that in cross-examination eyewitnesses had made some improvements or there were omissions in statements given by them to the Investigating Officer u/s 161 of Cr.P.C.- Held, so-called omissions and improvements, all pertain to sequence of attack on deceased - Moreover, it is humanly very difficult to..........
Evidence Act, 1872, Section 159, 160 -- Examination of Investigating Officer - Refreshing memory from case file - Investigating Officer can refresh his memory from case file and same is not contrary to law...........
Indian Penal Code, 1860, Section 396, 460, 461 -- Dacoity - Conviction - Appeal against - Amount in safe looted after causing death of Munim - Recovery of blood stained knives, blood stained currency notes, blood stained clothes of accused, blood stained chappals at instance of accused - Human blood on nails of accused - No infirmity in statement of Investigating Officer -..........
