Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Murder - Courts below has given a categorical finding that evidence is so scanty that accused cannot be punished or convicted for offences for which they are charged - Factual scenario will not permit us to take a different view than that taken by Court..........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Motive - Prior property dispute between parties - Prosecution failed to prove and establish that only accused had motive to commit murder of deceased - Rather other materials available on record would go to suggest that agnates who had deposed against accused had greedy eye on the..........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Last seen evidence - Conflicting evidence on record on last seen circumstance put forward by prosecution - Prosecution has failed to establish that accused were last seen along with deceased - Last seen evidence not proved...........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Recoveries made at the instance of accused would have some corroborative value only when prosecution could have proved and established chain of circumstances i.e motive and last seen which are not proved - There is complete lack of evidence on prior meeting of mind of accused or of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Serious contradiction in oral and medical evidence and medical evidence is not in conformity with oral evidence adduced by prosecution - No overt act perpetrated on any of accused - Story mentioned in FIR that accused demanded dowry from PW4 seems to be completely false - Dying declaration given to PW2 by deceased does..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - No material contradiction or infirmity in written dying declaration and two oral dying declarations - Incident took place in the house of deceased when he was alone thus corroboration was not possible - Dying declaration not outcome of any tutoring, prompting or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 346, 364, 201, 34, Arms Act, 1959, Section 25 -- Second bail application - Murder - Accused is in long judicial custody - Out of 36 PWs, only 3 witnesses have been examined so far - Conclusion of trial is likely to take a long time - Bail application allowed...........
Indian Penal Code, 1860, Section 302, 34, 324 -- Murder - Accused had come prepared with lathi along with others who had carried toka, axe, gandasi - This fact is corroborated by fact that blood smeared lathi was recovered from possession of accused - Evidence establishes participation of accused in commission of offence with co-accused - Accused was the first one who..........
Indian Penal Code, 1860, Section 302, 394, 201, 34 -- Murder - Wife of deceased stated that she had not seen any of accused killing her husband - She was at home when incident occurred and people of village had informed her that her husband was killed by some other people - Accused has been wrongly roped in the incident because of prior enmity - Recoveries were also not at..........
Indian Penal Code, 1860, Section 302, 394, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1 himself did not see deceased going with accused - Prosecution story in such circumstances is not acceptable...........
