Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27, 8 -- Missing report of Taxi driver - Taxi recovered in Punjab - Body of deceased found lying in a canal after about 1-1/2 months - At the instance of accused tyre lever, allegedly weapon of offence and some personal articles of deceased like one stereo speakers, towel, shawl, torch and seven cassettes..........
Indian Penal Code, 1860, Section 302, 201 -- Murder and then throwing dead body into river - Conviction based on judicial confession, recovery of weapon of offence at his instance and evidence of approver - Even retracted judicial confession can solely form basis for conviction if found true and voluntary - Confession not result of any threat inducement or coercion -..........
Indian Penal Code, 1860, Section 302 -- Conviction - Circumstantial evidence - Injuries by sharp weapon - PWs 2 and 3 hostile and PW 4 not independent witness - Recovery of clothes worn by deceased and accused containing blood of same group as that of deceased - Recovery of blood stained kassi proved by PW 5 and he being brother of deceased is immaterial - Motive between..........
Indian Penal Code, 1860, Section 302, 120B -- Death by gun fire - Recovery of weapon of offence - Recovery is of no consequence in absence of evidence that the same was connected with crime and more so when same had been recovered from an open place after 3-1/2 years - No reason to disbelieve evidence of eye witness - Clear from evidence of eye witness that accused A fired..........
Indian Penal Code, 1860, Section 34, 201, 302 -- Appeal against conviction - Circumstantial evidence - No conclusive evidence of accused and deceased being last seen together - Statement of witnesses on point of extra judicial confession full of contradictions on material aspects - Witness to whom extra judicial confession made having no intimacy with accused as such there..........
Indian Penal Code, 1860, Section 302, 201 -- Conviction - Appeal against - Case based on circumstantial evidence - Circumstances must be proved by cogent evidence and circumstances so proved must point unerringly towards guilt of accused and should not be inconsistent with innocence of accused - Incriminating circumstances against accused were that bicycle of deceased was..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Evidence of wife that appellant left the house holding khukhri after deceased having come to house of accused had left - Recovery of blood stained khukhri at instance of accused - Seizure panchnama not showing that spot from where weapon was concealed was within the exclusive knowledge of accused - No mention in..........
Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon - Weapon of offence - Recovery of 'Kassi - as weapon of offence - Mere recovery or discovery of a Kassi which is very common weapon used by the agriculturist and whose preseence in a house of agriculturist is most natural, cannot be held to be such circumstance which is sufficient to..........
Penal Code, 1860, Section 304 -- Part-II - Culpable homicide not amounting to murder - Appreciation of evidence - Deceased was just asking the appellant-accused not to raise cat calls under the influence of liquor and that he and his brother should go to the house in a peaceful manner - No provocation from the side of the deceased - Appellant gave lathi blow upon the head..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction based on well founded testimony of eye witnesses, recovery of weapon, motive and medical evidence - Conviction cannot be interfered with...........
