Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - If extra judicial confession of accused is accepted, statement of last seen theory given by PW25 becomes difficult to be given credibility and if extra judicial confession is ignored, statement of PW25 appears to be an improvement only to develop last seen theory..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that deceased had committed suicide by jumping into open well because of mental and physical harassment of accused - Cause of death was asphyxia due to drowning - However, none of PWs had any knowledge as to whether deceased had jumped into well or she had accidentally slipped into well - Prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 300 gms opium - Recovery effected from accused who is a government employee - Prosecution has not even tried to bring any evidence that once a Government official is alleged to be possessing narcotic substances then what was its source to obtain - Benefit of doubt thus, given to accused -..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Recovery of spade and bullock - Recovery effected after 3-1/2 months and there is no independent witness to such recovery - Spade otherwise not sent to forensic examination - Specific circumstance with regard to recovery has not been put to accused u/s 313 Cr.P.C - Recovery not..........
Indian Penal Code, 1860, Section 302 -- Murder - Chance Witness - No explanation by witness as to why so early in the morning he had occasion to pass by the place of occurrence especially when distance between his village and place of occurrence is 1-2 miles and in different village - Nothing to show from where he started and where he headed for - There is inconsistency in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of PW3 - Inordinate delay in recording of evidence of witnesses not explained by I.O - PW1 and PW5 have not supported prosecution case - PW3 is not wholly reliable - Conviction on sole testimony of PW3, without there being any corroboration to his evidence not justified - Benefit of doubt thus, given to..........
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 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..........
