Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution failed to prove that accused was last seen with deceased - Accused arrested after three days of incident - It is unbelievable that he would not change his clothes and will roam around with blood stain clothes - Possibility that blood on clothes of accused and recoveries effected from him..........
Indian Penal Code, 1860, Section 302 -- Murder - Merely because deceased was the third wife of accused and evidence on record shows that first wife of accused left the house of accused and second wife committed suicide, it cannot be said that accused killed his third wife - Contention of prosecution in this regards rejected...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died due to burn injuries - Cause of fire or source of fire in the house of accused not investigated - In fact, case is not properly investigated at all as admitted by I.O himself - Doctor performing post mortem of deceased did not examine dead body with due care and caution - Prosecution totally failed to prove any..........
Indian Penal Code, 1860, Section 302, 460, 380, 34 -- Murder - Circumstantial evidence - No eye witness of occurrence - No evidence on record that accused was either seen entering house of deceased or coming out of house - Entire case rests on recovery of some ordinary articles and of little value which no accused would have carried after committing a crime - Recovery of..........
Criminal Procedure Code, 1973, Section 433A, Indian Penal Code, 1860, Section 302 -- Murder - Premature release - Petitioner had already undergone his mandatory minimum sentence required under the provisions of Cr.P.C. as well as Jail Manual framed by State - Case of petitioner does not fall under heinous crime as per State Jail Manual and recommendations made by State..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused No.2 assaulted deceased with club at first instance, consequent upon which deceased fell down, thereafter accused No.1 lifted the stone and threw it on the head of deceased and accused No.1 also threw another stone on the head of deceased - Both the accused actively participated in the offence..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death by burning - Dying declaration - Accused poured kerosene oil on deceased and set her on fire - Dying declaration of deceased is inadmissible and not reliable as it was recorded without certifying the fit condition of deceased and it does not bear the signature or thumb mark of deceased - Mother..........
Indian Penal Code, 1860, Section 302 -- Murder - Identification of place of crime - No identification is required as police was already aware where murder had taken place and where body was discovered - Moreover, there was wide publicity of fact that a dead body was discovered from the place of murder - Said fact was already published in newspaper - Identification of place..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of earnings and clothes of deceased - Independent witnesses of recovery not examined as a witness - Prosecution withheld material witnesses from Court - Adverse inference should be drawn against prosecution - Recovery of clothes belonging to deceased said to be recovered from the place..........
Indian Penal Code, 1860, Section 302 -- Murder - Family members of deceased turned hostile - They denied the fact that written report was filed by them and they also denied the fact that accused has ever made any extra-judicial confession before them - No direct evidence against accused - Moreover, circumstantial evidence also not proved - Accused acquitted...........
