Indian Penal Code, 1860, Section 302, 34 -- Murder - Injury found in post mortem report of deceased completely consistent with ocular version of PWs, who stated that co-accused is the author of said injury - PWs consistently stated that none of present appellant had dealt any blow by any weapon and all that they did was to participate in the scuffle - No evidence on record..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused convicted on the solitary statement of PW8, brother of deceased - However, statement of PW8 is contrary to his earlier statement recorded by police u/s 161 Cr.P.C. and not corroborated by any documentary and oral evidence produced by prosecution - Statements of all the eye witnesses not reliable as contradictory with..........
Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Abduction - Murder - Circumstantial evidence - Motive of crime not proved - Dead body of deceased though recovered from canal but admittedly it was not recovered upon information of accused nor in their presence - Place of occurrence was already in the knowledge of police - Recovery of other articles not proved on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Recovery of 29.500 kg poppy husk - It is for the prosecution to prove that samples were intact and were not tampered with by anybody or were put in a sealed and proper condition - Benefit of doubt in the absence of such evidence would go to accused and not to prosecution - Trial Court committed..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen together - The only singular piece of circumstantial evidence against accused - Merely because accused was last seen with deceased and did not offer any explanation of having last seen cannot lead to proof of guilt against him, particularly when it is proved that there was cordial..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused and his father firing at deceased `K' - It is difficult to say with certainty that shots which hit deceased `K' were fired by accused - Benefit of doubt must be given to accused - Accused not guilty of murder of deceased `K'...........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Consenting party - Age of prosecutrix as per ossification test in the absence of any other evidence is above 16 years - Both accused and prosecutrix were familiar with each other and she was on visiting terms at accused's residence - Nothing on record to show that prosecutrix was in forcible detention, as..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Entire prosecution story revolves around statement of PW9 and PW18 - However, statement of these witnesses are not sterling worth - Last seen theory as purported by PW9 and PW18 is not convincing in the ordinary course of nature - Circumstances relied upon by prosecution do not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Evidence Act, 1872, Section 27 -- Recovery of 101 kg doda chura - Accused cannot be convicted merely on the basis of information given by co-accused during investigation u/s 27 of Evidence Act - Moreover, recovery effected from houses of accused, in the absence of experts report, cannot be connected in..........
Criminal trial -- Doubt - Whenever there arises doubt in the prosecution case, benefit of same is extended to accused - In the instant case prosecution story is doubtful on account of discrepancy between ocular version and medical evidence - Appellant liable to be acquitted on benefit of doubt...........
