Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Medical evidence - Doctor who conducted post mortem could not give a definite opinion with regard to cause of death - He had taken the viscera and sent it to analysis to FSL - However, subsequently doctor claimed that cause of death was injuries to brain and deceased had died in coma - Medical evidence is thus, on..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witnesses - Four persons were examined as eye witnesses - They all maintained a studied silence about incident for over two weeks to almost a month - Only explanation given by them is that since they were threatened by accused that he would finish them also, they kept quiet - Despite the fact that..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Place where dead body was discovered is shrouded in mystery - Inquest report shows that dead body was found hanging on a slope - However, according to PW1, when he reached the spot, he found dead body of his brother/deceased was buried under stones - Place and condition in which dead body was recovered is enigmatic...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of cell phone of deceased at the instance of accused - Cell phone was never subjected to TIP - Even, there is no evidence on record that said cell phone actually belongs to deceased - Neither last location of cell phone at the instance of accused nor call details of cell phone have been produced by..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of blood stained sweater at the instance of accused - FSL report with regard to blood stained sweater merely mentions that human blood was recovered - However, it is nowhere mentioned therein as to whose blood it was - Recovery cannot be said to be cogent and convincing evidence which would connect accused..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Cause of death as per post mortem report is electric shock - Apparent inconsistencies, inaccuracies and inherent improbabilities in the statements of witnesses related to deceased - Other PWs turned hostile - Oral evidence of I.O is totally vague and devoid of particulars - There is no eye witness to incident -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 201, 204, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d), Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused was not named in FIR and during investigation he had fully cooperated and participated and his statement u/s..........
Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Testimony of child witness - PW5 was aged about 6 years at the relevant time - Statement of PW5 was recorded belatedly i.e after 11-12 days of incident - Presence of PW5 in house at relevant time is proved - Delay per se of a few days in recording her statement cannot be said to be..........
Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Recovery of blood stained weapon of offence - Recovery effected at the instance of accused from behind cooler in his house - Evidence of PW3, Panch of memorandum of panchnama as well as PW12, supports such recovery - PW8/photographer stated that there was no blood on the spot, as..........
Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Accused was suspecting his wife's character and assaulted her on account of same - Situs of injury is consistent with evidence on record - On the day of incident on being refused tea, accused assaulted deceased with a hammer - Deceased by refusing to make tea for accused, by no..........
