Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of hairs of accused from the hands of deceased does not inspire confidence, as report of FSL stated that no definite opinion could be drawn regarding comparison of hairs of exhibit sent - Recovery not proved...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 120B -- Disclosure statement - Recovery of torn page of bahi and ledger - Murder - Dispute regarding some money transaction - Alleged bahi was never produced to prove the provonance of torn piece of blank paper containing signatures of deceased - Similarity of ink on said torn piece of paper and ledger..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained axe and clothes of deceased and accused - Delay in sending articles to FSL - There is thus, grave discrepancy regarding safe keeping of articles before the same were forwarded to FSL - No reliance therefore, can be placed on FSL report as an incriminating evidence against..........
Criminal Procedure Code, 1973, Section 251, Indian Penal Code, 1860, Section 279, 304A -- Framing of notice u/s 251 Cr.P.C - Fatal accident - Rash and negligent driving - Prima facie there is evidence on record from the report of FSL on mechanical inspection and crime scene report that car of accused overtook motorcycle of deceased on a high velocity thereby causing..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - Plea of accidental death by defence - Admittedly, accused was the only person present at the time of incident in the house with deceased - Evidence of I.O., post mortem report, FSL report and evidence of doctor has proved that kerosene oil was found on the body of..........
Indian Penal Code, 1860, Section 302, 465, 419 -- Double murder case - Accused was having relationship with deceased is proved from the statements of PWs - Deceased was carrying the child from loins of accused when she was murdered - Presence of accused at the spot is proved on record - Accused accompanied deceased and his daughter and stayed in hotel, soon thereafter..........
Indian Penal Code, 1860, Section 302, 364, 120B -- Murder - Kidnapping - Circumstantial evidence - Benefit of doubt - Last seen theory not acceptable as there is no close proximity between place and time of crime - Motive of crime not proved - Disclosure statement of appellant cannot be looked at for corroboration of this version - Weapon of offence neither produced nor..........
Criminal Procedure Code, 1973, Section 190, 227 -- Cognizance of offence - Order setting aside discharge of accused - Loan transaction between two sisters and civil suit for specific performance was pending - Petitioner is neither a signatory to documents nor he is a witness - Allegation of forging signature stand disapproved by FSL report - No offence whatsoever is made..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Incompatibility between post mortem report and FSL report - Post-mortem report describes that there were only two wounds in the body of deceased, one being entry and other exit wound - Allegedly a bullet was still recovered from ashes of deceased - FSL report shows that bullet was charred and blistered - This..........
Indian Penal Code, 1860, Section 302 -- Murder - Hostile witness - Appreciation of evidence - As per prosecution, accused fired gunshot in presence of eye-witnesses - Eye-witnesses turned hostile and stated that accused persons present in Court did not fire at deceased - Accused were arrested from thickly populated areas but no independent witnesses was associated - More..........
