Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of interested witness - Cannot be discarded on the ground that they are related to deceased or inimically disposed towards accused...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Mere no, recovery of weapon does not falsify prosecution case where there is ample unimpeachable ocular evidence...........
Criminal Procedure Code, 1973, Section 174, Indian Penal Code, 1860, Section 302, 149 -- Inquest report - Murder - Non-recording of certain relevant entries in inquest report do not constitute material defect so grave to throw out prosecution story and otherwise reliable testimonies of PWs that have mostly remained uncontroverted...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Evidence of eye witnesses reliable and consistent - Medical evidence was also consistent with ocular evidence and it corroborated direct evidence of eye witnesses - Minor improvements, embellishments etc. apart from being far yield of human faculties are insignificant and ought to be ignored since evidence of witnesses..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Prosecution produced six eye witnesses to the incident - However, evidence of eye witnesses is not truthful, reliable and trustworthy - Presence of eye witnesses at the time of incident is highly unnatural as also their ability to correctly identify each of accused from a considerable distance, especially when it was..........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Motive - Accused No.1 was appointed Imam in the mosque and deceased used to go to accused No.1 to study Quaran - He used to beat, abuse and do villainy with children and two months before the incident accused No.1 committed sodomy with..........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Last seen theory - There is a gap of almost 36 hours only between point of time when accused and deceased were last seen alive and when deceased was found dead - Said time gap is so small that possibility of any person other than accused..........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Recovery of slippers and cap of deceased at the instance of accused - Site plan of place of occurrence and recovery of articles was prepared - Places of recoveries of slippers and cap of deceased are very near to place of recovery of dead..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Delayed FIR - Delay of 36 hours in lodging FIR - Offence u/ss 364, 377, 302, 201, 34 IPC - Complainant is an illiterate person of rural background - Marriage of two elder sons was fixed on next day of incident - Moreover, village of complainant is 15 kilometers away from..........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Plea of animosity between complainant and accused - Accused took an after thought defence of animosity between parties which resulted in the murder of deceased - Said defence is not proved rather it is unfounded - They denied the fact of..........
