Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Medical evidence - Deceased appeared to have died of compression over neck - Medical record clearly establishes that deceased had died due to external injuries, which could not have been a natural consequence of consuming paint, as alleged by accused - Presence of accused at the time and place..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of weapon of offence at the instance of accused - Recovery of hammer effected from a canal - Recovery panchnama shows that said hammer was having blood-stains which was packed in a bag which was put in water - Hammer was recovered from a place which is open and..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of blood stained clothes of appellant - It is appellant who had informed police about the crime and he was present there, therefore, presence of blood-stains on his clothes cannot be said to be unnatural - However, recovery is from a place which is open and accessible..........
Indian Penal Code, 1860, Section 302, 307, 201, Evidence Act, 1872, Section 8 -- Triple murder case - Circumstantial evidence - Motive - Solely on the basis of circumstance of motive, conviction cannot be based - Suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt - Prosecution failed to prove its case - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 316, 264 -- Murder of pregnant daughter by her father - Non-examination of independent witnesses by itself would not give rise to adverse inference against prosecution - It would only assume importance when evidence of eyewitness raises a serious doubt about their presence at the time of actual occurrence...........
Indian Penal Code, 1860, Section 302, 316, 264 -- Murder of pregnant daughter by her father - Evidence of PW1, PW2 and PW3 is clear that accused with the motive of killing his daughter had visited her matrimonial home along with PW2 and has taken her in an auto rickshaw on the pretext of visiting his mother and had strangulated her - Case of prosecution is further..........
Indian Penal Code, 1860, Section 302, 316, 264 -- Murder of pregnant daughter by her father - Death sentence - Accused was aged about 38 years at the time of commission of crime - He has no criminal antecedents and there are various other mitigating circumstances existing in his favour - Medical reports of accused would disclose that he has speech issues, and he has..........
Indian Penal Code, 1860, Section 302 -- Murder - Minor deficiencies/inconsistencies/contradictions in the evidence let in by prosecution, cannot be considered as remissness in the investigation enabling the appellant's acquittal, particularly, when appellant was present with a gun at the scene of occurrence, when gun and empty cartridge were recovered based on information..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died due to injuries sustained by firing of bullet - PW1 and PW2 clearly demonstrated in their deposition that accused were having weapons and on exhortation by other accused, appellant shot the deceased - Source of light in the scene of crime was explained by PW2 in his evidence - Evidence of PW3 proved that..........
Indian Penal Code, 1860, Section 302 -- Murder - Reduction of sentence - Appellant has undergone total sentence of 17 years 1 month and 9 days and he has good conduct during this period - He served incarceration for more than 14 years and he had no bad antecedent except this - Appellant belonged to poor economic background and had been taking care of his entire family and..........
