Indian Penal Code, 1860, Section 302, 363, 364, 201 -- Murder & kidnapping - Motive - Father of deceased owed an amount of Rs.2,000/- to accused - No history of any quarrel between accused and father of deceased - Police complaint regarding this also not lodged - It is highly improbable, in absence of any other strong reasons to believe that merely not returning an amount..........
Indian Penal Code, 1860, Section 302, 364, 201, Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction u/ss 302, 364 & 201 IPC - Bail during pendency of appeal - Appellant `R' made a confessional statement that he alongwith other co-accused persons kidnapped the deceased and thereafter murdered him - He also made disclosure about the dead body - The only..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Triple murder case - Appeal against acquittal - All witnesses have resiled from their earlier versions - Belated affidavits and statements u/s 164 Cr.P.C. cannot provide any corroboration to the weak and unreliable testimonies available in a case - Held, case is based on circumstantial evidence - Prosecution has failed to..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 302, 364A, 201, 120B, 34 -- Murder - Plea of juvenility - As per Middle Standard and Matriculation certificates issued by PSEB, accused was aged 17 years 6 months and 12 days at the time of commission of offence - Accused was sentenced to life imprisonment and he is..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Destruction of evidence - Proof - Material witnesses did not support theory of last seen together - Missing report of deceased lodged day after recovery of dead body - No explanation given for delay in reporting the matter - Non-examination of independent witnesses, tendering of..........
Indian Penal Code, 1860, Section 302, 201, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Proof - Deceased last seen in the company of appellant and accused No.1 - Oral evidence extracted against each of the circumstance could not be contradicted materially as prosecution witnesses remained firm and unshaken - Documents exhibited by..........
Indian Penal Code, 1860, Section 302, 201, 404 -- Murder - Conviction - Validity - Case based on circumstantial evidence - Motive not proved - Last seen theory advanced by prosecution witnesses does not inspire confidence - Extra-judicial confession alleged to have been made by accused persons not established - Independent witness shown in documents not examined - Weapon..........
Indian Penal Code, 1860, Section 302, 376, 201 -- Rape and murder of 7 years girl - PW1 scribe of FIR did not disclose to anyone that he had last seen the appellant with the deceased - Not mentioned in the FIR - Casts a serious doubt on last seen evidence - PW2 made no disclosure in the night regarding last seen - Human semen found on the underwear and T-shirt of appellant..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 302, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Offence u/ss 364, 302, 201, 120-B IPC and S.3(2)(v) SC&ST Act - Denial of bail on ground of tampering of evidence - Petitioner an influencer politician along with co-accused..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Murder - Recovery of skeleton - No evidence that recovered skeleton is of young boy of 11 years of age - Statement of doctor who performed post mortem that it cannot be said with certainty as to whether the dead body was of a male or of a female - Sufficient interval between death and recovery of body - Link in chain of..........
