Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Finger prints Evidence - Expert who examined articles at the place of occurrence and found some finger prints not examined - Person who took the sample finger prints also not examined - No explanation about why articles were just left at the scene after developing finger prints..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Forensic evidence - Findings of hair analysis are inconclusive - Report only concluded the specimen to human hair - Same is not sufficient to substantiate presence of accused - Forensic evidence held, insufficient...........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Last seen evidence - Prosecution relied upon evidence of PW8 to show that accused and victims were last seen together - However, PW8 in her evidence stated that accused had come one day before in night and next day deceased persons died - PW8 is a child witness, neither she..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder of six persons out of seven family members - Recovery of cash and ornaments from house of accused - Recovery effected at the instance of accused which was identified by PW5 - Merely because earlier there might have been search at the house of accused and nothing was found at that time, cannot be..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Recovery of sleeping tablets from car of accused - Accused gave pills to deceased and thereafter killed them - However, no poison was detected in contents sent to chemical examiner - Non-detection of poison in contents would not be fatal to prosecution case, as where pills are given..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Testimony of eye witness - PW5 was also thrown into canal by accused along with deceased persons - However, PW5 survived and came out of canal with the help of an iron bar in canal - Accused was last seen together with three deceased persons and thereafter they were not seen alive..........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Death sentence - Accused killed six innocent persons out of which two were minors in a preplanned manner - He meticulously planned the time - Only one person of family i.e PW5 could survive - Accused kidnapped first three persons by way of deception and took them to canal and after..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of five accused in attack is proved on record - Acquittal of accused u/s 147 IPC though irregular, will not vitiate conviction u/ss 302, 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Son of deceased informed police/PW1 about the attack upon his father - Compliant was given by deceased to Sub-Inspector of Police in which names and overt acts of attacker clearly set out - Motive of occurrence also narrated - Immediately thereafter, deceased told..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Child witness - Credibility - Accused/wife alongwith her lover killed her husband with axe and hammer - Only eye-witness was his minor daughter - Evidence of child witness found to be doubtful and contradictory - Her evidence not corroborated by medical evidence - Recovered articles not..........
