Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Death by burning - Circumstantial evidence - Accused was not the only person residing in the house where incident took place - PW1 saw father-in-law of deceased extinguishing fire - Relationship between accused and deceased was not strained - No explanation brought on record by prosecution for delay..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Last seen theory - Once factum of last seen is established, accused must offer some explanation as to circumstances in which he departed company of deceased...........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - Last seen theory - PWs stated that prior to point of last seen, deceased was constantly in the company of A-1 - PW3 and PW4 are persons who lastly saw deceased alive on 9.4.1987 and they categorically deposed that they had seen deceased along with accused persons - Deposition of PW3 and..........
Indian Penal Code, 1860, Section 302, 34, 120B, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Deceased was having affair with sister of A-1 and that is why accused allegedly murdered deceased - However, none of witnesses have specifically deposed about deceased having an affair with sister of A-1 - Motive as alleged does not find..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - False information provided by A-1 to PWs after the incident regarding whereabouts of deceased - Said information was an attempt to hide his guilt by de-railing search efforts that were being conducted - A-2 thereafter absconded and surrendered before Court only after coercive measures were..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - No motive alleged or proved which would swayed A-2 to commit murder of deceased - Even, prosecution has led no evidence that there was any meeting of mind between A-1 and A-2 or that they hatched any conspiracy together to commit murder of deceased - None of articles recovered have been..........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Circumstantial evidence - Allegation that accused being pujari of temple committed theft in temple - Recovery of Rs.14,300 from residential quarter of accused is the evidence against accused in which his son was also residing - Currency notes were lying in different pages of religious books in the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder of wife by husband - Circumstantial evidence - Extra judicial confession - PW8 stated that accused has stated before him to have killed deceased due to her loose character - However, circumstances as stated by PW8 that local villagers were assaulting accused and out of fear he confessed to have..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Recovery of weapon of offence - I.O seized the weapon of offence from the spot - Though as per evidences of PW4 and other witnesses, same was found with blood stained but upon forensic examination of same, no blood stain was found from weapon - It is not the case of prosecution..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Circumstances as evinced from statement of witnesses are not forming the chain complete to point guilt of accused - Except the circumstances that accused and deceased are husband and wife and they were present in the house of informant at the time of occurrence, nothing more can..........
