Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - No evidence on record to show that accused was last seen with deceased - S.106 of Evidence Act is not applicable to facts of case - It cannot be said that accused failed to explain as to what happened after he was last seen together specially when there is no..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Information leading to discovery is admissible and not any opinion formed on it by prosecution...........
Circumstantial evidence -- When two views possible - Accused is entitled to have the benefit which is favourable to him...........
Evidence Act, 1872, Section 106 -- Burden of proof - When initial burden of proving the case as alleged beyond all reasonable doubt is discharged by prosecution, then only it is for accused u/s 106 of the Act to explain how injuries are caused...........
Indian Penal Code, 1860, Section 307, 326, 324 -- Nature of offence - Incident occurred due to quarrel - Accused never intended or he knew that he likely to cause any grievous hurt or he intended to cause death of PW4 and PW5 - He has taken a defence that there was altercation and scuffle between PW4 and PW5 and they fell down - Such explanation to some extent cannot be..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Sentence - Accused was in judicial custody for a period of more than 9 months - Considering the facts and circumstances of case, evidence on record and relationship of accused with PW4 and PW5 and under circumstances in which hurt is caused, period of judicial custody already undergone by accused during period..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Injured witness not specifically named accused - However, mere fact that one of injured witnesses may not have mentioned the name of accused does not demolish the evidence of other eye witnesses, particularly when the presence of accused at the place of occurrence is proved by two eye witnesses - Accused..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Dead body of deceased was found to have a large number of gun shots, multiple shot wounds - Some bullets penetrated and exited the body - Injured also medically examined by doctor, who had found gunshot wounds, pellet injuries etc. - Injuries suffered by deceased were sufficient to cause death - Prosecution..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child born on account of rape committed by defendant with mother of child - Mere rejection of earlier application of DNA test filed by defendant in summary proceedings u/s 125 Cr.P.C, has no bearing in civil suit for declaration filed by child, wherein child herself is asking for determination of parentage..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child not born out of wedlock and therefore she is carrying stigma of an unwanted child born on account of rape committed by defendant with mother of child - Therefore, determination of paternity by DNA profiling shall not cause any adverse impact upon her status, rather it would be in her interest to know..........
