Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen together - There is considerable time gap between last seen alive of deceased with accused and time when dead body of deceased was recovered which is about after 10 days - It cannot be held that accused are perpetrator/author of offence in absence of corroboration - Last seen..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Murder - Courts below has given a categorical finding that evidence is so scanty that accused cannot be punished or convicted for offences for which they are charged - Factual scenario will not permit us to take a different view than that taken by Court..........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Motive - Prior property dispute between parties - Prosecution failed to prove and establish that only accused had motive to commit murder of deceased - Rather other materials available on record would go to suggest that agnates who had deposed against accused had greedy eye on the..........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Last seen evidence - Conflicting evidence on record on last seen circumstance put forward by prosecution - Prosecution has failed to establish that accused were last seen along with deceased - Last seen evidence not proved...........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Recoveries made at the instance of accused would have some corroborative value only when prosecution could have proved and established chain of circumstances i.e motive and last seen which are not proved - There is complete lack of evidence on prior meeting of mind of accused or of..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Single shot injury - All the star witnesses of prosecution including injured turned hostile - However, there is enough evidence/material on record to prove direct connectivity of bullet recovered from the body of injured which was fired from pistol got recovered by accused - Accused has..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Single shot injury - Reduction of sentence - Complainant and accused are members of one family - Incident occurred in 2001 of single shot injury - Accused has undergone sentence period of 6 months and 4 days uptill 2002 - No other instance of involvement of accused in any criminal..........
Indian Penal Code, 1860, Section 302 -- Murder of parents by their own son - PW2 stated that accused is a school teacher and he had very lovely relation with his parents - No evidence on record that accused was last seen together with deceased - Post mortem report depicts involvement of two persons in the crime - Recovery of bricks and clothes at the instance of accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Deceased has been done to death mercilessly due to strangulation in the house of accused - Without delving into merits and demerits of the matter, this is not a fit case where bail is to be granted - Bail application rejected...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Serious contradiction in oral and medical evidence and medical evidence is not in conformity with oral evidence adduced by prosecution - No overt act perpetrated on any of accused - Story mentioned in FIR that accused demanded dowry from PW4 seems to be completely false - Dying declaration given to PW2 by deceased does..........
