Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused suspected deceased having illicit relations with her daughter-in-law - On the day of incident deceased was present in the house of accused and some alteration took place between deceased and accused - Accused must have got angry on finding deceased in his house and in the heat of passion and..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was residing in the house of complainant along with his family - He was seen by PWs a day prior to incident in the area where incident occurred and accused was missing from house on day of incident - Ear rings and necklace of deceased was missing when PWs saw dead body of deceased - There..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Deceased was last seen with accused and on earlier occasions too was seen being enticed by accused - DNA evidence using established STR technique has proved that accused committed sexual..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 11 -- Recovery of 35 bags of poppy husk - Plea of alibi - Accused pleaded that he was under treatment as outdoor patient at the relevant time - However, there is overwriting in hospital record and name of one person was struck and name of accused was added - Accused though taken a..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by strangulation - Death of deceased occurred in her matrimonial house - Deceased died an unnatural death - Accused is husband of deceased and it was for him to explained as to under what circumstances his wife had died an unnatural death in his house - Although plea of alibi taken by husband in his..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 120B -- Quashing of proceedings - Murder case - Plea of alibi cannot be examined by Court in exercise of its inherent powers u/s 482 Cr.P.C, whether it is the stage of taking cognizance or framing of charge - Moreover, statement recorded u/s 161 Cr.P.C is not a substantive piece of evidence -..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 363, 366, 376(2)(i) -- Plea of alibi - Kidnapping and rape case - Defence theory in the form of alibi is absolutely flimsy and untenable, as same is not taken by accused himself - Furthermore, plea of alibi being a weak plea cannot supersede strong direct evidence led by prosecution to bring home guilt of..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i) -- Kidnapping and rape of 4-1/2 years old girl - Testimony of victim - Victim was subjected to brutal vicious sexual assault - She identified accused to be assailant and stated that he fell on her - Victim stated that because of foul act of accused she started bleeding from her vaginal area - Testimony of victim is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Firearm injury - Plea of alibi - Accused examined DW1, who was his so, i, law, was working along with accused and DW2 (Co-labourer) at the time of occurrence - Distance between villages i.e where incident took place and where accused allegedly working was only 3 kms., as such accused could..........
Criminal Procedure Code, 1973, Section 91 -- Production of electronic record - CCTV footage for proving plea of alibi taken by accused - Accused cannot insist prosecuting agency to collect materials from him to prove such plea - He has to prove such plea by adducing cogent and satisfactory evidence at the stage of trial and such a plea must be proved with absolute..........
