Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - As per motive given by prosecution, deceased use to have evil eye on sister of accused - However, no evidence has been led that deceased was acquainted with sister of accused - Disclosure statement was made at public place still no independent witness though..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - Identification of recovered ornaments - Prosecution examined many witnesses who are alleged to be pledgors of ornaments - Identification procedure was conducted without mixing recovered jewellery with similar or identical ornaments..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - Recovery of blood stained weapons - Prosecution failed to establish that weapons recovered were used for commission of crime - Medical evidence also indicates that injuries found on the body of deceased persons could not have been..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - Recovery of blood stained clothes and items - Veracity of recovery is doubtful, as recovery effected 2 days after arrest of accused and recovery of stolen articles from houses of accused which I.O had thoroughly searched previously..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - DIG of police visited the scene of crime shortly after recovery of dead bodies - He inferred that crime may be committed by three persons who were electricians after seeing three tea tumblers and electrical equipments - This..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - Last seen theory - Last seen witnesses saw entry and exit of accused from crime scene respectively - Witnesses conveyed this piece of valuable information to complainant right before he filed first information - However, there is..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of hairs of accused from the hands of deceased does not inspire confidence, as report of FSL stated that no definite opinion could be drawn regarding comparison of hairs of exhibit sent - Recovery not proved...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Wife of deceased stated that her husband called accused for doing labour job - Accused and deceased left the house in congenial atmosphere - Theory of motive as propounded by wife of deceased per se unconvincing for the reason that had there been any prior..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW2, PW15 and PW20 claimed to have seen accused and deceased together - Even accused and deceased were allegedly grappling with each other - Though last seen witnesses were present at the spot, where dead body of deceased was recovered and requisite..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained axe and clothes of deceased and accused - Delay in sending articles to FSL - There is thus, grave discrepancy regarding safe keeping of articles before the same were forwarded to FSL - No reliance therefore, can be placed on FSL report as an incriminating evidence against..........
