Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Discovery of fact - Dead body of deceased recovered from valley on basis of disclosure statement of two accused persons - Therefore, disclosure statement made by them separately in quick succession to I.O., preceding discovery of fact so stated, is admissible..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Recovery panchnama - Admissibility - Merely in absence of signatures of accused on recovery memo/panchnama will not make it inadmissible in evidence...........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Discovery of fact - There is no evidence on record regarding blood group or fact that blood stains belonged to blood group of deceased - Even, recovery itself is doubtful - Therefore, merely in absence of evidence regarding blood group will not make case of..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B -- Kidnapping - Murder - Criminal conspiracy - Admittedly, accused No.3 was present at relevant time in house of accused No.1 - Even, accused No.3 was also seen while loading gunny bag in vehicle and thereafter, he was also travelling in said vehicle - Therefore, prosecution leaves no doubt about involvement of..........
Indian Penal Code, 1860, Section 302, 148, 149, 201, Evidence Act, 1872, Section 27 -- Double murder - Disclosure statement - Recovery of ashes and bones - Merely because no expert opinion obtained to prove as to whether bones recovered were human or animal bones, would not weaken the prosecution case in the light of overwhelming evidence available on record to prove the..........
Indian Penal Code, 1860, Section 302, 148, 149, 201, Evidence Act, 1872, Section 27 -- Double murder - Disclosure statement - Recovery of articles - Contention that said recovery on the disclosure statement of accused and in particular the ashes and bones from canal is not possible - However, there is no evidence to prove the fact that canal from where recovery was..........
Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Non-examination of independent witness - Not fatal to prosecution case as: (i) no such argument was advanced before two Courts below; (ii) incident took place during midnight when villagers were fast sleep; (iii) no evidence that near the place of incident there were many houses; and (iv) weapon of..........
Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Appeal against conviction - Supreme Court being last Court of appeal, does not re-visit and re-appreciate the entire oral evidence de novo in its jurisdiction u/art.136 of Constitution, unless there are strong and prima facie reasons to point out that there is apparent legal and jurisdictional error..........
Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Testimony of Eye witness - Accused allegedly murdered mother and her unmarried daughter, burnt their bodies in house and carried the remains of dead bodies and ashes in a cart driven by tractor to an unknown place - Eye witness PW9 is real sister of deceased/mother narrated the entire incident and inter..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No eye witness to the occurrence - PW1, a child witness not reliable as he made conflicting statements - He only witnessed that deceased was dragged by accused into the fields but not to any assault - Conclusion of trial Court regarding presence of accused for 45 minutes till arrival of two witnesses wholly unacceptable..........
