Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - No motive alleged or proved which would swayed A-2 to commit murder of deceased - Even, prosecution has led no evidence that there was any meeting of mind between A-1 and A-2 or that they hatched any conspiracy together to commit murder of deceased - None of articles recovered have been..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Husband unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother of husband was last person to be seen alive with deceased - Being confronted with armed miscreants, accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused inflicted seven injuries on deceased and PW3 who was sleeping in the same room had not heard any noise of deceased - Prosecution theory and evidence of wife of deceased/PW3 do not inspire confidence - Testimony of doctor that he cannot say weapon shown to him in Court was the same with which..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seen theory - No evidence on record that accused was seen together with deceased before occurrence - Statement of accused u/s 313 Cr.P.C is that deceased left the house in night with his permission - Fact that accused and deceased usually stayed together in the..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Material contradictions between evidence of last seen witnesses - Last seen witnesses though knew that deceased was missing but did not inform PW1 or police to the presence and conduct of accused, despite..........
Evidence Act, 1872, Section 3, 106 -- Circumstantial evidence - Burden of proof - When accused does not throw any light upon facts which are specially within his/her knowledge and which cannot support any theory or hypothesis compatible with his innocence, Court can consider his failure to adduce an explanation as an additional link which completes the chain of..........
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 - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Witnesses to last seen theory have not specified date and month on which they saw accused and deceased together but only state that they have seen accused and deceased - Even relative of deceased and all witnesses stated that both deceased and accused were cordial - PWs have..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Last seen witnesses PW3 and PW5 admitted that they are cousins of deceased - Prosecution failed to establish presence of both these witnesses at the spot - There are major contradictions in statements of these witnesses - Last seen evidence is not reliable...........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Circumstantial evidence - Accused implicated in the case merely on basis of suspicion, as at the time of preparation of inquest report, which is duly signed by family members of deceased as well as Sarpanch, no suspicion was raised against anyone - Wife of deceased involved accused merely on basis of..........
