Indian Penal Code, 1860, Section 302, 34 -- Double murder - Circumstantial evidence - Dead bodies of two females lying in the room which was bolted inside and recovered after breaking down the door - Said fact weakens the alleged theory of homicide - No injury of any kind except the mark of strangulation was found on the body of deceased persons - No reliable evidence..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Extra judicial confession - Accused confessed before brother of deceased that he throttled neck of deceased by lathi - However, medical evidence shows that strangulation was not found to have been done with an object like lathi and it was subjected with soft..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Brother of deceased PW6, stated that he last saw deceased with accused - However, said fact is not disclosed in FIR, rather PW6 did not convey the same to anybody despite disappearance of his deceased brother - Last seen theory not reliable - Story of prosecution is full of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Circumstantial evidence - Last seen theory - Accused and deceased were in each others company at night in the room - Thereafter deceased went missing - Onus is on accused to explain as to what happened to deceased - Accused failed to explain the same - Body of deceased recovered from river and PW3 had..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Dead body of deceased found in a graveyard with multiple injuries - Accused made confession to PW9, who is not previously known to him - It is doubtful as to whether accused would have chosen a total stranger to make confession - Moreover,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 30 -- Murder - Circumstantial evidence - Confession by a co-accused - Extra judicial confession of co-accused cannot be used as substantive evidence against accused and cannot be sole foundation for conviction - Since except extra judicial confession, there is no evidence against accused, accused acquitted...........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Prosecutrix not disclosed in her deposition regarding penetration by accused and even accused not tried to penetrate - Oral version of prosecutrix as well as evidence of medical expert, circumstantial evidence, report of FSL and serological report shows that prima facie ingredients of S.375 IPC not proved and established..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - Motive of crime is not necessarily required to be proved - But where accused are named on suspicion by informant in FIR, motive appears to be relevant fact...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - Testimony of chance witnesses - No evidence on record that how chance witnesses who stated that they heard altercation between accused and deceased after midnight, knew them - Testimony of chance witnesses cannot be said to be reliable or trustworthy, particularly..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - Medical evidence not supported the ocular evidence as stated by chance witnesses - Motive of crime not proved on record - In FIR it is not mentioned as to why deceased had gone in his separate scooter with accused from his house - Accused were named on suspicion by..........
