Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of key of hotel from possession of accused - PW3 reveals that when police came to their village, they brought key of guest house, besides hotels or guests normally retain one duplicate key of every room - PW3 neither examined nor declared hostile - He was PW and prosecution is bound by..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Entry in hotel register - Only the names of inmates were mentioned in the register - No signatures were obtained - Normally ID and signatures of guests were taken in the hotel register - But that was not done - Entry in hotel register does not prove anything against accused...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Motive - Prosecution stated that deceased had given a debt of Rs.2000 to accused and accused did not want to return the same therefore, he put him to death - However, only Rs.700 was recovered from accused and that too belatedly - No reason as to recovery why not made earlier - Amount recovered..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - Solitary circumstance of last seen is not sufficient to hold accused guilty of offence, particularly when other circumstances were not proved against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 367, 376(2)(f), 302, 201 -- Death sentence - Court to consider the cumulative effect of aggravating factors as well as mitigating circumstances - It is primary duty of Court to balance the two - Both aspects namely aggravating and mitigating circumstances have to be given their respective weightage - Court has to strike the balance..........
Indian Penal Code, 1860, Section 363, 367, 376(2)(f), 302, 201 -- Death sentence - Kidnapping, rape and murder of four years old minor girl - Accused raped the deceased and brutally murdered her by causing injuries to her with the help of stones - Jail record of accused without any blemish - While in jail accused completed Bachelors Preparatory Programme and also completed..........
Criminal Procedure Code, 1973, Section 372, 385(2), Indian Penal Code, 1860, Section 302, 307, 201, 34 -- Appeal against acquittal - Dismissal of appeal by High Court cursorily and by a cryptic order - Impugned order set aside - Matter remanded - High Court to decide appeal afresh on merits...........
Indian Penal Code, 1860, Section 201, 304B -- Offence u/s 201 IPC - Dowry Death - Dead body of deceased was removed from her house and was lying in open agricultural field and crushed with tractor by her husband - This cannot happen without active connivance and help of mother and father of accused/husband of deceased - However, there is lack of evidence against accused..........
Indian Penal Code, 1860, Section 302, 201 -- Double murder - Circumstantial evidence - Deceased and her daughter found dead in their room with burn injuries - Medical evidence shows that death occurred due to strangulation - Room where incident occurred were occupied by deceased, her daughter and her husband/accused - However, there is no evidence on record that accused..........
Indian Penal Code, 1860, Section 279, 337, 201 -- Rash and negligent driving - Accused truck driver rashly and negligently hit scooter due to which victim sustained injuries - Evidence on record proves that accused was occupying driver seat of offending vehicle at the time of accident - Sole testification of complainant coupled with fact that accused was running away from..........
