Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323 -- Bail - Murder - Statement of eye witness in question having no evidentiary value in the eyes of law - Implication of applicant would not be proper on the basis of other circumstantial evidence and corroborative material which would be seen during trial - Bail granted...........
Evidence Act, 1872, Section 106 -- Reverse burden of proof - Before accused is called upon to explain the circumstances in his exclusive knowledge by virtue of doctrine of shifting the burden of proof, Prosecution has to prove, either by direct or circumstantial evidence, that accused was present in the same room/house where deceased was murdered by violent means -..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - I.O admitted in her cross-examination that none of witnesses examined during investigation stated that husband and wife were present together in house on the fateful night - Prosecution failed to lead convincing evidence to even prima facie show that accused had any..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Circumstantial evidence - Accused were demanding additional dowry from deceased - A-1 was suspecting the fidelity of deceased and in that regard there were frequent quarrels between A-1 and deceased - No witnesses have supported or deposed that accused was present along with his wife - Conviction of accused u/s 302 IPC..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Links in the chain of circumstances are necessary to be established for conviction resting upon circumstantial evidence - Prosecution has not been able to establish the missing link i.e. connecting the presence of the appellant at the time of the commission of the offense in the night - However, the motive has..........
Indian Penal Code, 1860, Section 120B, 419, 420, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge of accused - There was a meeting of mind between the respondents and other accused, for fulfilling the objective of their criminal conspiracy - There was circumstantial evidence on record, including the statements of the witnesses assigning a..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Evidence of last seen witness PW2 is hearsay - Testimony of PW2 fails to advance the prosecution case as his statement is merely hearsay - Even, statement of PW4 also said to be hearsay so far as theory of last seen of deceased in the company of accused - Statement..........
Indian Penal Code, 1860, Section 304PartII -- Offence u/s 304 Part-II IPC - Incident not witnessed by any of PW and they relied on what other person and investigating police team disclosed - Their evidence being based on what has been reported by others, rather than what they had observed or experienced is certainly intrinsically weak piece of evidence which cannot be..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1/brother of deceased stated that deceased went along with accused persons at night - However, there is variation regarding sequence of events which happened prior to accused meeting deceased or deceased meeting PW1 - Moreover, circumstance of last seen by itself..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - Accused confessed the crime before PWs 1 to 4 - Evidence of these PWs is not consistent with each other - Extra judicial confession leading to discovery of dead body not proved...........
