Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3, 8 -- Murder - Appeal against acquittal - Motive - Appreciation of evidence - Witnesses have been inconsistent on numerous material aspects as neither the victims of the first incident can be clearly identified nor the members of the party who went to lodge the complaint with the father..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal - Appreciation of evidence - Delay of 14 days in recording of statement of PW5 (injured) - Delay remained unanswered and unexplained - Even, evidence of PW12 is further belied by this fact that though PW12 had removed both injured persons to the cots and then..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - To convict in a case of circumstantial evidence all the circumstances appearing in the case have to point to the guilt of the accused...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Only objective evidence which has come is that phone from which calls were made to deceased before his death was recovered on disclosure of co-accused - However, there is no evidence of rest of the links of case of circumstantial evidence - Unsafe to base..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Conduct of witnesses is inexplicable and incredible as if they had seen the blow being inflicted their first duty would have been to step forward to intercede - Even, after informing the father, they did not go back to see the condition of deceased but rather..........
Evidence Act, 1872, Section 3 -- Testimony of sole eye witness - Whatever may be reason, the diametrically opposite testimony of sole eye witness would completely erode his credibility...........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Testimony of sole eye-witness - Once testimony of sole eye witness discarded it would result in acquittal of convict because they were directly named by sole eye-witness as being present at the spot and of having fired shots/exhorted/driving and..........
Indian Penal Code, 1860, Section 304B, 302, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Cause of death is disputed as per medical evidence - Discrepancy in evidence of PW1 and PW2 with regard to receiving of information about death of deceased - Evidence of Medical practitioner is doubtful - Accused discharged his burden u/s 106 of Evidence..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - First circumstance of A1 pointing out place of murder of deceased - Evidence of Police Officials that place of murder of deceased was not in knowledge of police until A1 took police to spot - No valid ground to disbelieve testimony of..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - Last seen - Wife of deceased stated that when deceased was leaving house, deceased told her that he is going to residence of A1 - Deceased went to house of A1, sent his car back to his house and then went with A1 and attended rally in..........
