Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of dead body at the instance of accused - Dead body of deceased was recovered from a place which was accessible to all - A day prior to alleged discovery, PWs 1 & 2 had gone to place where dead body was found - This also raises serious doubt about theory..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Contradiction in the evidence of PW1 and PW18 regarding recovery of weapon of offence - This makes the prosecution case vulnerable as far as discovery of stick at the instance of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - General statement made by PW8 that he had seen deceased and accused together two years back - PW8 declared hostile - Moreso, other witnesses of last seen evidence also declared hostile - Last seen theory not proved...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Injured eye witnesses attacked along with deceased No.1 - Reasoning adopted for acquittal of accused qua death of deceased No.2 cannot be imported to that of A-1 and injuries caused to injured eye witnesses - A-1 to A-3 rightly convicted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Call Detail Records (CDRs) - Mobile numbers alleged to have been used by accused `M' is not in his name but in the name of one `A' - No evidence is placed on record to show as to how said SIM came to be in possession of accused `M' - Apart from that if at the time of incident both of them were..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Husband not disputed his presence at home at the relevant time - He failed to offer any explanation or gave false answer as to how wife received injuries - Defence of robbery taken by husband not proved as nothing on record to indicate that he had suffered any injuries - On the other hand there were..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused gave blows with a stick on the head and legs of deceased after the quarrel between them - Weapon used in a crime is a stick which was lying in the house and which by no means can be called a deadly weapon - Possibility of accused causing death of deceased while being deprived of power of self..........
Indian Penal Code, 1860, Section 302, 323, 149, 148 -- Murder - Eye witnesses specifically stated about role played by each of accused - They have supported the case of prosecution - Version given by eye witnesses is fully supported by medical evidence - Merely because there are certain minor contradictions in depositions given by PWs, their version cannot be discarded and..........
Indian Penal Code, 1860, Section 144, 148, 302, 149 -- Murder - Conviction - Witnesses have defined the roles of each of the accused and have clearly stated who was holding what - They also seem to be aware of the background of the assault - Therefore, with such impeccable evidence on record, and their testimonies having remained unshaken on the core of prosecution case..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden fight between accused and deceased after consuming liquor over the issue of seniority - There was no premeditation - Accused snatched a rifle of deceased in the heat of passion and fired only one bullet - There was no intention on the part of accused to kill deceased - Accused is thus, guilty..........
