Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of eye witness - Eye witness/PW1 fully supported case of prosecution - There is no reason to doubt credibility and/or reliability of PW1 - Accused convicted on the basis of sole testimony of PW1...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - Statement of accused that `I may get discovered murder weapon used in the incident', does not indicate or suggest that accused indicated anything about his involvement in concealment of weapon - It is a vague statement - Mere discovery cannot be..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302 -- Extra judicial confession - Murder - Courts generally look for an independent reliable corroboration before placing any reliance upon an extra judicial confession - However, High Court committed error in making confessional statement as basis and thereafter going in search for corroboration - Extra..........
Indian Penal Code, 1860, Section 302, 34, 506(2) -- Murder - Material contradictions between all PWs - Not a single witness affirmed the manner in which whole incident took place - Even, the presence of eye witnesses on the spot is doubtful - Motive of crime not proved - No substantial evidence connecting accused to offences in question - Prosecution miserably failed to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - High Court while granting bail to accused has not at all considered seriousness and gravity of offence alleged against accused - Even, High Court has not considered relevant material forming charge sheet - More so, High Court while considering parity has not at all..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of stolen gold material and weapon of offence - Gold which was recovered has not been identified as one which was stolen from house of deceased - Recovery of knife was also doubtful, as recovery effected after 4-1/2 months with no explanation for such delayed recovery - Independent..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused belong to gang which commits crime of similar nature - Accused are involved in 20-25 similar cases - However, no documents or any proof was submitted regarding same - Said factor therefore, cannot be taken into account - Since offence in question is otherwise not proved against accused,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 352, 149, 147, 148, 504, 34 -- Bail - Double murder as a result of fire arm injury - Role of first respondent emerged during course of investigation, followed by filing of charge sheet - First respondent on being granted bail failed to co-operate in the expeditious disposal of trial..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Non-examination of person who first informed about location of dead body by way of his information and even if mahazar as such does not show seal of jurisdictional Court in State, these factors remain trivial in nature and do not take away substance of matter...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Accused had the connectivity with deceased on his mobile at the material time on material date - Deceased was found in company of accused in same car by PW5 and PW6 - Driving license of accused was found near dead body of deceased - Dead body of deceased was identified by PW10 and accused having been found dealing with..........
