Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Witnesses of abduction and conspiracy turned hostile - Motive of crime not proved on record - Recovery of blood stained articles also not proved, as prosecution failed to place chemical analysis report on record - Moreover, though serological report found that blood groups found on the clothes of..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Panch witnesses - Mere fact that Panch witnesses in support of discovery had turned hostile is no reason to discredit the prosecution case, particularly when testimony of I.O and medical evidence in regard to nature of injuries is entirely consistent with ocular evidence ...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304(Part II) -- Dying declaration - Culpable homicide not amounting to murder - Deceased stated that when he was standing on the road, a person had come from road in his direction and threw chilly powder in his eyes and thereafter assaulted him with a knife in the stomach - Assailant was wearing a black..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Identity of accused - Deceased specifically deposed to the clothes which were worn by assailant at the time of incident in his dying declaration - PW13, who witnessed the incident corroborated the nature of apparel worn by accused - Clothes which were recovered from accused at the..........
Indian Penal Code, 1860, Section 302, 449, 34 -- Murder - Circumstantial evidence - Last seen evidence - Evidence of Last seen is doubtful, as there were contradictory statements - Even statements of witnesses recorded by police after delay of one week, which amounts to highly unnatural conduct on their part - News of murder of deceased became known to public at large..........
Indian Penal Code, 1860, Section 302, 449, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - All the alleged facts indicating motive relied upon by prosecution regarding affair of one family member of accused with family member of deceased, money transaction, dismissal of A-2 from temporary service, are not directly connected to deceased and..........
Indian Penal Code, 1860, Section 302, 449, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of two knives - Recovery effected from A-1 - I.O deposed that after seizure of knives, same was not sealed and he merely put them in box and sent the same to Magistrate - Such procedure adopted by prosecution is highly improper and illegal, as box..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 201, 182, 34 -- Anticipatory bail - Offence u/ss 302, 201, 182, 34 IPC - After more than 5 years and without there being any requirement for custodial interrogation, to decline prayer for anticipatory bail would be to punish petitioner even before he has been found guilty - Even, sons of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Sudden and grave provocation - Deceased called accused No.1 and her daughter as prostitutes - No lady would like to hear such a word from her husband and most importantly she would not be ready to hear such a word against her daughter - Incident result of a sudden and grave provocation - Case falls..........
Indian Penal Code, 1860, Section 201 -- Offence u/ss 201, 304(Part I) IPC - Body of deceased transported by accused to a different place after the crime in order to hide the offence - Accused rightly convicted u/s 201 IPC...........
