Weapon of offence -- Non recovery - Held, non-recovery of incriminating material from the accused cannot be a ground to exonerate them of the charges when the eye-witnesses examined by the prosecution are found to be trustworthy...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Appellant entered house of deceased at the dead of night carrying a lethal weapon - Inflicted four stab wounds on deceased - Delay in lodging FIR explained - Testimony of relation witnesses found trustworthy and reliable - Recovery of blood stained weapon from house of accused - Blood group of deceased was found..........
Indian Penal Code, 1860, Section 302 -- Murder - No inflexible rule that accused should be acquitted where identification of dead body, cause of death and recovery of weapon of offence are not established - Charge against accused otherwise can be established on the basis of other reliable and trustworthy evidence...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Weapon or any belonging of deceased not recovered from accused - Interval of two days between last seen and recovery of dead body - Circumstance of last seen cannot become sole basis for conviction - No evidence of motive - From attending circumstances there is possibility of deceased falling in a well - Possibility of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Three dying declarations - First dying declaration given to doctor, the second one on next day to Judicial Magistrate and the third one a day thereafter to I.O. - Conviction by trial Court maintained by High Court - Inconsistency in ocular evidence and medical evidence so far involvement of appellant is concerned - No..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Recorded by PW1 an Administrative officer - Extra judicial confession true as same corroborated by recovery of blood stained clothes and weapon of offence - PW2 and PW4 fully corroborated extra judicial confession - No manner of doubt that accused was assailant as..........
Indian Penal Code, 1860, Section 302 -- Murder - Extra judicial confession - Appellant alleged to have killed his wife and daughter aged 8-9 years on a trifle issue not with the victims but his own brothers - Conviction based on extra judicial confession of appellant coupled with recovery of weapon of offence 'Kulhari and knife' - Blood stained kulhari and knife recovered..........
Indian Penal Code, 1860, Section 300 -- Murder - Circumstantial evidence - Appellant-accused and co-accused (mother-in-law and sister-in-law) alleged to have killed his wife and mother - In FIR involvement of appellant in the crime not stated - It was only stated that there was commission of dacoity and murder - IO did not make any attempt to verify factum of dacoity -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Knife blow outside Cinema hall - Shopkeeper in Cinema Hall, gatekeeper and friend of deceased eye witnesses - Accused apprehended on spot - Knife the weapon of offence seized on spot - Evidence of eye witnesses natural and trustworthy - Presence of witnesses natural - Mere fact that recovery memo of knife did not bear..........
Indian Penal Code, 1860, Section 302, 34, 394 -- Murder - Recovery of weapon of offence, doubtful - Investigation tainted and unfair - Testimony of PW, unreliable - Presence of PW on the spot, doubtful - Prosecution failed to establish charges under Sections 302/34 and 394/34 IPC beyond reasonable doubt against the appellants - Appellants entitled to benefit of doubt...........
