Evidence Act, 1872, Section 27 -- Confession - Recovery of incriminating material - Where confession led to recovery of incriminating material not voluntary but caused by inducement, pressure or coercion, it is hit by Art.20(3) of Constitution, rendering such confession inadmissible...........
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, 148, 149, Arms Act, 1959, Section 25, 27 -- Murder - Enmity between two families - Prosecution alleges that six accused shot deceased - However, involvement of only two accused `O' and `R' proved on the basis of eye witnesses - Incident is witnessed by PW1 and PW2 - They did not intervene due to fear - Evidence of eye witnesses..........
Drugs and Cosmetics Act, 1940, Section 34, 27, 28 -- Selling of expired medicines - Offence by partnership firm - No allegation that petitioner was participating in the day to day affairs of firm or was responsible for day to day affairs of firm - In absence of any such allegation, prosecution of petitioner is impermissible - Complaint qua petitioner quashed...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Recovery of bloodstained pent of accused - Murder case - Accused was also injured in the incident and in absence of fact that what was blood group of accused, it cannot be conclusively proved that bloodstains on pant recovered were of deceased - Moreover, accused was arrested on 3.3.15 itself and..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 120B -- Disclosure statement - Recovery of torn page of bahi and ledger - Murder - Dispute regarding some money transaction - Alleged bahi was never produced to prove the provonance of torn piece of blank paper containing signatures of deceased - Similarity of ink on said torn piece of paper and ledger..........
