Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Nothing incriminating recovered from possession of five accused persons - No independent witness supported prosecution case - Only evidence against these accused persons was either their own confession or confession of co-accused, which is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of heroin - Retracted confession - Confessional statements of accused persons were not voluntary as they filed their retractions immediately on being produced for the first time before Duty Magistrate, by claiming the statements to be involuntary - No reliance can be placed on confessional..........
Indian Penal Code, 1860, Section 364, 392, 302, 201 -- Abduction - Robbery - Murder - Circumstantial evidence - Confession as to recovery of skelton of deceased - Accused made his confession while he was in police custody - No reliance can be placed on confessional statement of accused except recovery - Though facts leading to recovery is admissible but it may not be..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Extra-judicial confession - Prosecution alleged that accused made extra judicial confession before PW3, PW4, PW6 and PW8 and having admitted their guilt - However, from the statements of alleged PWs, theory of extra judicial confession not proved beyond doubt - More so, PW8 stated that none of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Extra-judicial confession of co-accused - Quashing of charge - Charges cannot be quashed merely because it has framed on the basis of extra-judicial confession of co-accused - At the stage of framing charges, Court need not to hold that evidence is of such nature which would be sufficient to lead conviction,..........
Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession - It is doubtful that accused approached PW12 making extra-judicial confession and requested him to save him as PW12 is a member of Gram Panchayat and not a person of influence with police - - More so, PW12 is not an independent witness - Extra-judicial confession does not inspire confidence and..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained clothes and knife - Confession of accused led to recovery of blood stained clothes and knife from field - FSL report detected human blood on recovered clothes of accused but material regarding said recoveries disintegrated - Moreover, when extra-judicial confession is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 29, 28, 27A, 67, Evidence Act, 1872, Section 30 -- Recovery of 4.5 kgs heroin - Confession - Appeal against conviction - There is no evidence against accused No.3 to 5, except confessional statements of accused No.1 & 2 - Though it is stated that accused No.1 & 2 made frequent phone calls to accused..........
Indian Penal Code, 1860, Section 395, 412, 147 -- Dacoity - Neither accused `B' nor accused `S' was put to TIP by investigating officer and no plausible reason was given by prosecution to the same - PWs deposed nothing against these accused persons - Making a plan to commit dacoity overheard by PW3 from a distance of 3-4 meters, can hardly be said to be a clinching..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 65 -- Recovery of 5.300 kgs opium - Confession made by co-accused - Confessional statement made before official of Narcotic Bureau is inadmissible in evidence in a case pertaining to NDPS Act - Moreover, confession of co-accused cannot form sole basis to sustain conviction of accused - Since confessional..........
