Indian Penal Code, 1860, Section 302 -- Murder - Conviction based on well founded testimony of eye witnesses, recovery of weapon, motive and medical evidence - Conviction cannot be interfered with...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Test identification parade - Accused named in FIR but PW did not name him before police - No test identification parade held - PW examined in Court after 2-1/2 years and identified the accused in Court - Held, accused cannot be convicted on belated identification...........
Indian Penal Code, 1860, Section 302, 309, 201, 34 -- Murder after abduction - Acquittal of co-accused - Prosecution evidence unfailingly and unerringly establishing that it was appellant who had taken an important role for taking the car on hire as well as for commission of the offence of murder - Held, acquittal of co-accused does not weaken the version of prosecution...........
Penal Code, 1860, Section 302,201 -- Murder - Circumstantial evidence - Appreciation of evidence - Several circumstances proved on the record establishing that all three appellants had a strong motive to murder the deceased - Murder committed with the help of a Kahi - Dead body buried alongwith the clothes inside the deep latrine pit of a house which was in the possession..........
Penal Code, 1860, Section 302,201 -- Murder - Circumstantial evidence - Discovery of the human bones at the instance of the accused itself is a very big incriminating circumstance which has to be explained by the accused in a very cogent and reliable manner...........
Penal Code, 1860, Section 302,201 -- Evidence Act, 1872, Sections 8 and 27 - Murder - Circumstantial evidence - Prosecution case that two appellants 'S - and 'M - suffered disclosure statements leading to the recovery of the skeleton/bones of the deceased - Contention of the appellants that the discovery if any was at the instance of 'S - because his disclosure statement..........
Penal Code, 1860, Section 302,201 -- Murder - Circumstantial evidence - When a dead body of a human being is buried deep and remained there for about 8-9 months, in such a situation, to expect that its skeleton will be in an identifiable position would be too much - The identity of a dead body can even be proved by clothes and other belongings of the deceased...........
Penal Code, 1860, Section 302,201 -- Murder - Circumstantial evidence - Identification of the clothes by a witness who had the chance to see the deceased is a circumstance in itself to prove the identity of the dead body...........
Indian Penal Code, 1860, Section 302, 34, 149 -- Conviction u/s 302 read with S.34 - No specific charge framed u/s 34 - But facts giving rise to constructive liability well known to both the accused and the case which they have to meet under S.34 is substantially the same as the prosecution put forward - Held, no prejudice is caused to accused in the circumstances...........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on circumstantial evidence - Place of occurrence - Consistent evidence that murder took place in room No.7 of hotel - Room whether on first floor or second floor as it came in evidence of witnesses is not really material - PW2 witness of extra judicial confession was reliable - Non mention of confession by PW2..........
