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DELHI HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence - Prosecutrix medically examined after three days of incident and her clothes were washed - Absence of semen or blood on clothes and body of prosecutrix cannot cast dent on prosecution version as it is only a corroborative piece of evidence...........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 302, 498A, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Cruelty - Circumstantial evidence - Deceased was subjected to cruelty on the day of occurrence and she died due to multiple injuries - Dead body of deceased recovered from well - Family members of deceased deposed that relations between deceased and her husband/accused..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 302 -- Murder - Accused caused injuries to deceased with brick and danda on his face and head - Cause of death was declared shock and haemorrhage due to injuries which were ante-mortem and sufficient to cause death in ordinary course of nature - Ocular evidence is fully corroborated from medical evidence - Version of PW6 brother of deceased..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of various articles - Recovered articles were sent to FSL but only human blood was detected - No distinct blood group could be traced out - It is the duty of prosecution to establish the blood group of deceased and accused and to prove that recovered articles contain the blood group of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 302 -- Murder - Eye witness - Accused inflicted injures at deceased on her abdomen, chest, back, neck and on her left leg with knife - On hue and cry witnesses reached at spot and saw accused running away with knife smeared with blood in his hand - Identity of accused not disputed - On disclosure statement of accused, knife was recovered -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 362 -- Abduction - Circumstantial Evidence - Presence of tyre marks near the place of occurrence - Recovery of pair of chapels of deceased from place of occurrence - Son of the deceased stated about the presence of car of co-accused at the place of occurrence in his statement - Replacement of front glass of car and presence of blood stains..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Motive not proved - Independent witnesses of recovery of knife declared hostile - No blood stains found on recovered knife - FSL found clothes of accused having blood stains of AB blood group but prosecution did not make any effort to rule out that blood group AB is not of accused -..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 365, 302, 201, Evidence Act, 1872, Section 27 -- Abduction and murder - Recovery of knife and recovery of clothes - Recovery of knife ignored as it had no blood stains - All four clothes were stained with blood of blood group `AB' - No evidence on record that blood group `AB' was of deceased and prosecution failed to prove that blood group..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Sole eye witness - Prosecution produced two witnesses of fact who are parents of deceased out of which PW2 is not examined properly due to his old age and illness - Entire prosecution case rests on sole testimony of PW1 which apparently suffers from various contradictions and embellishment making the prosecution..........

CALCUTTA HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 109 -- Murder - Deceased was found lying with bleeding injury in his abdomen in a closed room and accused `M' was present in said room clutching knife which was blood-stained - There was no possibility of any other person entering the room - Dying declaration of deceased clearly implicates accused `M' - Prosecution proved its case..........

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