Indian Penal Code, 1860, Section 302, 364, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained stones and broken bottle of beer at the instance of accused - Recovery effected after a period of about one month from spot - So far as place from where dead body was recovered, same was already in the knowledge of police as dead body had already been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 29 -- Recovery of 7.79 kg Charas - A-3 was found with contraband Charas contained in a bag held by him - A-1 and A-2 did not hold the bag and neither anything incriminating was found from their person - A-2 was merely a companion of her husband A-1 and she was not an accomplice in crime - No call..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 149, 148, 147, 307 -- Summoning of additional accused - Murder - Complainant who is also an eye witness of incident identified accused in the CCTV footage and stated his role in the alleged crime - Trial Court thus, not committed any error in summoning accused to face trial like other accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape of 3 years old minor girl - Prima facie evidence on record that accused has committed an inhuman act of rape on a minor girl of 3 years - Victim has narrated her ordeal in words as well as in signs and..........
Indian Penal Code, 1860, Section 364A, 120B -- Kidnapping for ransom - Criminal conspiracy - Accused `K' had no criminal history prior to present incident - Victim did not recognize accused `K' - Accused `K' was not in touch with any of kidnappers - Inspector and I.O who had detained accused `K' with accused `D' had themselves expressed doubt on involvement of accused `K'..........
Indian Penal Code, 1860, Section 302, 394, 411, 120B, 34 -- Murder - Testimony of sole eye witness - Time mentioned in the FIR and stated by PW1 has a remarkable difference and it is a major contradiction in the statement of alleged eye witness - Motive of crime has neither been alleged nor proved - Evidence of PW1 does not have a ring of truth - Source of light though..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - Accused confessed the crime before PWs 1 to 4 - Evidence of these PWs is not consistent with each other - Extra judicial confession leading to discovery of dead body not proved...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of PW8 on last seen neither gives any particulars nor establish any proximity in terms of time - Even after deceased had gone missing, no suspicion was entertained at any juncture against accused and his name came to the surface only after crime was converted to one u/s 302 IPC -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused are not named in FIR, but name of accused came in the light through evidence of chance witness - Evidence of PWs not fully reliable - Evidence on record would not lead to believe that accused could be only perpetrators of crime - Chain of circumstantial evidence is not complete and do..........
Indian Penal Code, 1860, Section 34 -- Common intention - Common intention or crime sharing may be by an overt or covert act, by active presence or at distant location but there should be a measure of jointness in the commission of the act - Even a person not doing a particular act but only standing as a guard to prevent any prospective aid to victim may be guilty of..........
