Indian Penal Code, 1860, Section 302, 307, 324 -- Double murder - Accused allegedly killed two deceased by sickle and injured two witnesses - Motive of crime proved on record as accused had taken loan from deceased, which was not returned - Weapon used in crime linked to the injuries caused on deceased - FSL report, credibility of witnesses, foot prints of offenders,..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Mere abscondance of an accused does not lead to a firm conclusion of his guilty mind, as even an innocent man may abscond in order to evade arrest and such an action may be part of natural conduct of accused - Possibility of being falsely framed in connection with murder of deceased compelled the..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen together - The only singular piece of circumstantial evidence against accused - Merely because accused was last seen with deceased and did not offer any explanation of having last seen cannot lead to proof of guilt against him, particularly when it is proved that there was cordial..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - No money transaction between accused and deceased proved on record as alleged by prosecution for proving the motive of crime - No tangible evidence placed by prosecution to prove that deceased was involved in the murder of brother of accused - Motive of crime not proved by prosecution...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of an axe from accused `K' - Blood group alleged to be found on the axe is inconclusive - Moreover, PW9 stated that two axes were shown to him, which were not blood stained - Such statement of witness transpires that investigation of the case was not fair, as such no reliance can be placed..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of motorcycle from accused `K' - Merely because tyre tread impressions at the spot matched with motorcycle of accused, it cannot be said to be incriminate circumstance against accused, as such a vehicle can easily be available in the market and same used by lacs of people in the country...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of driving license of deceased from accused `S' - Pocket diary recovered from pocket pant of body of deceased - Name of deceased was written on the first page of said diary - This circumstance shows that accused `S' did not take out copy of driving licence from the pocket of deceased with..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained clothes of accused - Prosecution failed to prove that blood group of deceased, matched with blood found on the clothes of accused - Circumstance of recovery of blood stained shirts from accused, thus, cannot be made basis to uphold conviction of accused...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Entire prosecution story revolves around statement of PW9 and PW18 - However, statement of these witnesses are not sterling worth - Last seen theory as purported by PW9 and PW18 is not convincing in the ordinary course of nature - Circumstances relied upon by prosecution do not..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen together - All prosecution witnesses have candidly deposed that both accused persons were habitual drunkard and late-comers and were engaged under contract of deceased - Even, witnesses have also narrated that both accused persons has made verbal..........
