Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 114 -- Abduction and murder - Last seen together - Presumption - Failure on part of accused to furnish any explanation or furnishing false explanation with regard to last seen together - Draws strong presumption against accused and in favour of his guilt and would provide additional link in chain..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Abduction and murder - Circumstantial evidence - Evidence of PWs1 & 2 with regard to motive for commission of offence, last seen circumstances, recovery and identification of dead body is consistent with case of prosecution - There is no embellishment or exaggeration in evidence of these..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - PW1/brother of deceased stated that there was a case pending regarding beating incident between parties u/s 107 IPC - He explained the entire incident and nothing brought in cross-examination as to doubt the version given by witness that is medically corroborated also and substantially..........
Indian Penal Code, 1860, Section 302 -- Murder - Source of light at the spot - There was source of light at the spot from the adjoining house and boundary wall at the spot was stated to be 2-1/2 feet which could not have obstructed light as suggested in cross-examination of eye witness - There is thus, no doubt as to version of eye witness as to visibility and source of..........
Indian Penal Code, 1860, Section 302 -- Murder - Gunshot injury - Non-presence of blackening marks on body of deceased - Gun shots were fired from a close range - However, what was exact distance has not been brought out - Moreover, deceased was wearing a hooded jacket, obviously absence of blackening on skin could not be found - That explains the version of doctor that no..........
Indian Penal Code, 1860, Section 302, 380 -- Double murder - Accused having illicit relations with her cousin sister, committed murder of his cousin sister and her mother - He used to threat and blackmail her - Death occurred due to multiple injuries which were sufficient to cause death in ordinary course of nature - Time between injury and death was immediate and between..........
Indian Penal Code, 1860, Section 302, 120B, 201, 297, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per prosecution, father of deceased hatched conspiracy alongwith accused to kill her, but no challan was put up against him - Even, theory of conspiracy not proved against accused - There is no corroborative material produced on record by prosecution..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of sword - Recovery was effected in presence of police witnesses and not supported by any independent witness - Place of recovery is an open place and accessible to all - I.O recorded statement of accused and pursuant to such statement recovery effected - However, such statement is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Contradictions and inconsistencies in the contents of oral dying declaration as narrated by PW2 - It is thus, not safe to rely on version of PW2 and come to conclusion that deceased had made a dying declaration to him implicating accused as his assailant - Oral dying..........
