Indian Penal Code, 1860, Section 498A -- Cruelty - Appeal against conviction - Wife intending to join her husband/appellant and revive their matrimonial life - There are concurrent findings of three Courts below convicting husband - No order can be passed on that count - However, punishment of accused reduced to period already undergone by accused in incarceration...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of gamchha - Accused was not in custody at the time of recovery of gamchha - Recovery cannot be said to be in consonance with S.27 of Evidence Act and thus, not proved - Since recovery of gamchha is not proved, availability of blood stains on it fades into..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of single eye witness - Not of sterling quality - Recovery of sunglasses recovered from scene of crime is doubtful as same was not identified by PWs - Recovery of gamchha as allegedly wore by accused at the time of incident not proved - Place of arrest is highly doubtful - Prosecution could not establish its case..........
Indian Penal Code, 1860, Section 376, 302, 449, 201 -- Rape - Murder of victim and her son - Recovery of sari of victim/deceased - Husband of deceased failed to identify sari of victim - It cannot be held that sari sized at the instance of accused belong to victim - Therefore, it will not help in connecting accused with offence in question...........
Indian Penal Code, 1860, Section 376, 302, 449, 201 -- Rape - Murder of victim and her son - Circumstantial evidence - Motive - Allegation that accused committed rape of his sister-in-law and in order to avoid any disclosure of offence by victim he committed murder of his sister-in-law and her son - Dead bodies of both the deceased were thrown in dam which were recovered..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Accused acquitted u/s 306 IPC - Mere fact that deceased died unnatural death could not be sufficient to bring home charge punishable u/s 201 IPC unless prosecution was able to establish that accused persons knew or had reason to believe that an offence has been committed and have done something causing offence..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovered empty cartridge not fired from gun, which is said to be recovered at the pointing out of accused - Report of ballistic expert is not in favour of prosecution - It cannot be said that fire was triggered by accused to do away with deceased - Several material contradictions found in the evidence of alleged eye..........
Indian Penal Code, 1860, Section 302, 307, 186, 353, 120B, 121, 121A, 216, 201, 420, 471, 474, 34, Arms Act, 1959, Section 25, 27, 54, Explosive Substances Act, 1908, Section 4, 5 -- Murder - Death sentence - Review - Involvement of accused in the crime is proved on record - Even, disclosure statement was held to have been proved by Courts below - Nothing on record which..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Failure of accused in a case based on circumstantial evidence which included last seen together theory to explain u/s 313 Cr.P.C as to under what circumstances victim suffered death, would not be a ground to arrive at an irresistible conclusion that accused were involved in..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - In a case based on circumstantial evidence if entire chain is duly proved by cogent evidence, conviction could be recorded even if corpus is not found - But when dead body of deceased was discovered from place shown by accused, it is imperative on part of prosecution to..........
