Indian Penal Code, 1860, Section 302, 364, Evidence Act, 1872, Section 3 -- Murder and kidnapping - Appreciation of evidence - Accused/appellants took away deceased boy from his school and committed murder on animosity that father of deceased refused to reinstate them in his factory - Said fact is proved by evidence - Identification of appellants by prosecution witnesses..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Accused allegedly kidnapped and murdered 6 years old child - Dead body found in a drain which was flowing adjoining a place accessible to public - Evidence of accused being last seen in company of deceased, by itself, not incriminating - Incriminating circumstance of accused making disclosure statement..........
Indian Penal Code, 1860, Section 364, 300, 201 -- Kidnapping, murder and causing evidence to disappear - Body of deceased recovered from river - Medical evidence suggested that death was caused within three to four days of post-mortem examination - In face of post mortem report, accused persons apprehended earlier to date death of deceased warranting inference that there..........
Indian Penal Code, 1860, Section 364, 498A, 34 -- Kidnapping, cruelty and murder - Proof - Witnesses examined by prosecution simply raised suspicion that their daughter was kidnapped by her in-laws i.e. appellants, and her dead body was concealed after committing murder - No evidence to establish such contention beyond all doubts - No DNA test conducted to confirm that..........
Indian Penal Code, 1860, Section 364, 364A, 302 -- Abduction and murder - Proof - On basis of oral discovery statement, police discovered dead body of deceased in presence of witnesses - Dead body was in unidentifiable condition - Confession by accused while in police custody not admissible in evidence - Nothing to show complicity of appellant in regard to offence u/s 364..........
Indian Penal Code, 1860, Section 302, 364, 379, 201, 34 -- Murder - Circumstantial evidence - Fact of last seen not proved as there were major contradictions in the statement of witnesses - Motive not proved - Recovered articles not valuable and not saleable in market - Stolen jeep already recovered by other police station - Dead body already recovered from well prior to..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Kidnapping and murder - Mere opportunity with accused to kidnap not sufficient to hold that it was accused who had kidnapped - Accused shown to witness before identification parade - Evidence of PW15 not reliable - Possibility of recovered articles sent to Forensic Science Laboratory being kept intact not convincing -..........
Indian Penal Code, 1860, Section 302, 376(1), 364, 369, 392, 499, Criminal Procedure Code, 1973, Section 366 -- Rape and murder of minor child - Allegation that accused after committing trespass enticed away child aged 2 years, raped her and killed her - Accused was a paedophile with extremely violent propensities as he had been convicted and sentenced u/s 354 in the year..........
Indian Penal Code, 1860, Section 302, 376(1), 364, 369, 392, 499, Evidence Act, 1872, Section 3 -- Circumstantial evidence - Allegations of murder and rape of minor child aged 2 years - Accused a resident of village about 40 km away from the place of incident - Accused furnished no explanation in his statement u/s 313 of CrPC as to what he had been doing in the locality of..........
Indian Penal Code, 1860, Section 302, 364, 34 -- Allegation that accused committed murder of deceased by assaulting him with knife after taking him away from his house - Brother and son of deceased claimed to be the eye witnesses - Brother-in-law of the deceased who lodged FIR did not mention the presence of brother and son of the deceased in the house at the time of..........
