Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 299 -- Murder of wife by husband - Recording of evidence of complainant in the absence of accused - Appellant vanished from the crime scene and remained absconding for a period of nearly 10 years - Statement of complainant was recorded in proceedings u/s 299 Cr.P.C - Circumstances of motive, last..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Recovery of confessional note from the crime scene - Specimen writings of appellant were lawfully collected by I.O after he was arrested and all these documents were placed on record with the charge sheet - These specimen writings and admitted writings of appellant along with confession note recovered from..........
Indian Penal Code, 1860, Section 302 -- Murder - Four persons who accompanied deceased to the place of incident, did not support prosecution case and were declared hostile - No independent corroboration to testimony of informant - DW1 denied any extra judicial confession made by accused in the presence of PW8 - Star witnesses of the incident are wholly unreliable witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - A-3 and A-4 were not arrested at the spot - Offence u/s 20(b)(ii)(c) of the Act deals with production, manufacture, possession, sale, purchase, transport, import or export of cannabis - It is not the case of prosecution that A-3 and A-4 were found in..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Accused confessed the murder of deceased before PW1, his mother and wife and throwing body of deceased in the well - However, mother and wife of PW1 were never examined as witnesses by prosecution - Confession was followed by two things arrest of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Allegation against accused as conspirator is based on extra judicial confession of co-accused - However, extra-judicial confession is a very weak piece of evidence - Confession of co-accused can be used only in respect of evidence and cannot be made foundation of conviction - Moreover, there..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Evidence Act, 1872, Section 25 -- Contraband - Confessional statement - Confession before officers who are invested with powers of investigation u/s 53 of the Act are Police Officers within meaning of S.25 of Evidence Act - Confession before said officers would be barred u/s 25 of Evidence Act and cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Evidence Act, 1872, Section 27 -- Contraband - Disclosure statement - Statement by accused during investigation is inadmissible in view of S.25 of Evidence Act as well as S.162 Cr.P.C - Said confession made by co-accused cannot be taken as substantive piece of evidence against another accused...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused allegedly made extra judicial confession before Village Administrative Officer/PW1 whom he did not know - Alleged confession was made by accused more than two months after the incident which makes it more suspicious - PW1..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Offence u/s 3(2)(v) of SC/ST Act - Contents of FIR would show that it is a case based on suspicion - What is evidence that has been collected to connect crime to accused is required to be considered - Extra judicial confession is..........
