Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Three accused convicted for the offence punishable u/s 302 - Recovery of katta at the instance of A1 disbelieved and FSL report does not establish that said katta was used in the commission of offence - Neither arrest of A1 nor recovery of bloodstained t-shirt at his instance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 10 bottles of Rexcof - SHO signed form no.29 next day from the day of production of accused and case property - However, no explanation was given for the same - Prosecution failed to prove its case beyond reasonable doubt - Benefit of doubt thus, given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 308 -- Attempt to commit culpable homicide - Only witness who supported prosecution case is PW1/injured witness - Though testimony of an injured witness should be accepted, but since other witnesses present on the spot have not supported prosecution - Benefit of doubt thus, given to accused - Moreover, where two views are possible on..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Accused found in possessing of two counterfeit currency notes along with six other genuine currency notes - No inference can be drawn that accused had knowledge or reason to believe that counterfeit currency notes in his possession were fake - Accused deserves benefit of doubt - Conviction and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Genesis of occurrence suppressed by prosecution - Case involves a fight between accused and deceased - However, evidence of direct witnesses not satisfactory - There is absence of extreme cruelty, even if it is assumed that accused hit the deceased with log - Had there been strong..........
Indian Penal Code, 1860, Section 302 -- Murder - Where no credence lend to genuineness of FIR and prosecution case, there is no need of further enquiry as the assertion made by prosecution is not proved beyond reasonable doubt - Benefit of doubt thus, given to accused - Accused acquitted...........
Evidence Act, 1872, Section 24 -- Circumstantial evidence - Extra judicial confession - Murder case - Number of persons had gone to house of accused and when he was put in fear of police, he made extra judicial confession - Same requires corroboration - More so, recovery of dead body at the instance of accused treated as extra judicial confession by trial Court,..........
Evidence Act, 1872, Section 3, 106 -- Last seen theory - It is a weak kind of evidence by itself to found conviction upon the same singularly - However, when it is coupled with other circumstances such as time when deceased was last seen with accused, and recovery of corpse being in very close proximity of time, accused owes an explanation u/s 106 of the Evidence Act with..........
Indian Penal Code, 1860, Section 354, 324, 308, 84, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Offence u/s 354, 324, 308 IPC and S.10 of POCSO Act - Plea of insanity - Version of complainant is totally contrary to contents of complaint and in conformity with alleged history given in MLC of fall from stairs - Evidence on record shows psychiatric..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 9 -- Murder - Test identification parade (TIP) regarding photographs of dead body recovered from tank not conducted - Photographs of deceased cannot be relied upon for want of prior TIP - Doubt is created as to dead body recovered from tank was of deceased - Since corpus delicti was absent and..........
