Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Only evidence against accused is last seen by PW4 at 2 pm and by PW5 at 5 pm and later in night, accused with gunny bag on her scooty - Such evidence does not complete chain of circumstances so as to maintain conviction of accused for an offence u/s 302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra judicial confession of accused not proved on record - As regarding recovery of scooty on the basis of disclosure statement of accused, same is also not proved - Even, there is no blood mark on scooty or any other evidence that it was used by accused in disposing of body - Prosecution failed to..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Compromise - Father killed his infant child in the fit of rage for which he has compromised with his wife - Accused has undergone actual sentence of 1 year 10 months and 11 days and 2 years 2 months and 26 days including remission - In view of compromise ends of justice..........
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 380, 411, 413 -- Theft - FIR lodged against unknown persons - Subsequently, alleged recovered stolen ornaments with cash money was said to have been made from accused - Neither identity of recovered article was established nor produced before Court nor alleged recovered article was connected with incident of theft - More so, said recovered..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Accused entered into agreement with complainant for purpose of selling of land - Agreement was later on cancelled by accused - Complainant demanded amount received by accused - Dispute between parties is purely civil in nature - Court, without expressing..........
Indian Penal Code, 1860, Section 302 -- Murder - Mere irregularity or omission on part of I.O does not cast cloud over prosecution version, as I.O is not obliged to anticipate all possible defences and investigate from that angle - Interest of justice demands that such acts or omission of I.O should not be taken in favour of accused or otherwise, it would amount to placing..........
Indian Penal Code, 1860, Section 302 -- Murder - Firearm injury - Testimony of sole eye witness/PW2 - Three eye witnesses examined by prosecution but two of them declared hostile having not supported prosecution case - PW2 along with PW1 and deceased was in the field for watching it in night - Their presence is not disputed by defence - When deceased intercepted accused in..........
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..........
