Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Testimony of eye-witness and other witnesses is corroborated by medical evidence - Even, there was no inordinate delay in registration of FIR - Moreover, on the basis of disclosure statement recovery of weapons was made - However, the act was not premeditated, still there was intention to cause..........
Indian Penal Code, 1860, Section 302, 201, 376A, 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape and murder of minor girl - Appeal against death sentence - As per post mortem reports deceased died due to throttling - As per prosecution witness one of the appellant was last seen following deceased - Medical reports stating that rape was also..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - Discovery of weapon of crime and lock and key of shop of deceased where he was found dead - Weapon of offence was discovered at the instance of A-3 and lock and key discovered at the instance of A-1, which was proved with the aid..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder of wife by husband - Gunshot injury - Accused is a dead drinker and used to quarrel with deceased and beat her after taking liquor - He killed deceased when she was preparing food in kitchen - Disclosure statement made by accused leading to recovery of weapon in presence of witnesses duly proved on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29 -- Recovery of 12.5 kg Tramadol powder - Petitioners implicated only on the basis of disclosure statement made by co-accused, which is hit by S.25 of Evidence Act - Moreover, said disclosure statement made by co-accused did not lead any discovery of fact - Even while allowing remand of petitioners no..........
Indian Penal Code, 1860, Section 302, 324, 323, 341, 148, 149 -- Murder - Accused not named in FIR registered at the instance of PW1 - It was only in subsequent statement u/s 161 Cr.P.C that PW1 improved upon his earlier statement and named two more persons including accused - But PW1 failed to provide any plausible reason as to why these two persons including accused were..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Related witness - PW1 is a witness not only of arrest but to disclosure statement and recovery of knife and blood stained clothes at the instance of accused - He is related to deceased and accused - There was no reason why PW1 being the uncle of accused, would falsely implicate him in the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - There is no material contradictions in evidence of PW1, who is not only witness of arrest but to disclosure statement and recovery of knife and blood stained clothes at the instance of accused - Evidence of PW1 thus, trustworthy - Motive of crime proved on record - Prosecution proved the guilt..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 302, 323, 458, 285, 460, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 302, 323, 458, 285, 460 IPC and Ss.25, 27 Arms Act - Name of petitioner is not mentioned in FIR but he has been implicated on basis of disclosure statement made by co-accused - Single witness has not been..........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution relies upon photographs recovered on disclosure statement of A-3 - PW12, photographer stated that Accused 1 to 3 came to his studio and took joint photographs - Said photographs at the most may only show that A-1 and A-3 has illicit relationship - However, there is no evidence adduced to prove that A-3 had..........
