Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder of 10 years old girl - Recovery of victim's slipper and underwear - Recovery memo is signed by circle officer and two independent witnesses - However, prosecution did not examine two independent witnesses - Though..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of weapon of offence at the instance of accused - Recovery of hammer effected from a canal - Recovery panchnama shows that said hammer was having blood-stains which was packed in a bag which was put in water - Hammer was recovered from a place which is open and..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of blood stained clothes of appellant - It is appellant who had informed police about the crime and he was present there, therefore, presence of blood-stains on his clothes cannot be said to be unnatural - However, recovery is from a place which is open and accessible..........
Indian Penal Code, 1860, Section 302, 307, 201, Evidence Act, 1872, Section 8 -- Triple murder case - Circumstantial evidence - Motive - Solely on the basis of circumstance of motive, conviction cannot be based - Suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt - Prosecution failed to prove its case - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - FIR was ante timed FIR - FIR lodged after recovery of dead body, as till police had come, it was not known to anyone where dead body was and after investigation police recovered dead body - Though in investigation it was alleged that gambling was done with the help of playing cards, but neither playing cards had been..........
Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
Indian Penal Code, 1860, Section 302, 201, 449, 404, 201, 34 -- Murder - Identification of accused - PW-1 and PW-5 who identified appellant in Court were not known to him - Appellant was a stranger to both of them, as they had seen the appellant first time when he was wearing a monkey cap - No explanation given by prosecution as to why TIP was not conducted which was a..........
