Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 233 -- DNA test - Murder case - Incident alleged to have taken somewhere else - DNA test of blood sample of informant or his relative with the blood stained earth recovered from the alleged place of occurrence - It is a must to ascertain and test the truthfulness of prosecution case - DNA test allowed...........
Indian Penal Code, 1860, Section 307, 324, 34 -- Nature of offence - Intention to commit murder was of PW2 and not to the injured as per statements of PW1 and PW2 - Testimony of PW1 and PW2 shows that there was no motive for accused who have committed the crime - Presence of accused is admitted at the place of occurrence - However, there is nothing on record to show that..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Testimony of mother of victim/PW2 - Allegation that accused went to house of PW2 and called him outside, when PW2 came out, accused fired at him with country made pistol - Incident took place in the night - PW3/mother of PW2 not acquainted with accused - It seems highly improbable..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Recovery of motorcycle and country made pistol - Recovery effected from house of PW2 based on disclosure statement of accused as per Sub Inspector - However, seizure witnesses have given varying statements regarding the same - PW5 declared hostile by prosecution, as he stated that..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - There is absence of independent evidence corroborating statements made by complainant/PW2 - Serious doubts regarding recovery of alleged motorcycle and country made pistol - Even, there is no connection proved between alleged recovered items and incident - More so, plausible version..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Allegation against sister-in-law of deceased and husband of sister-in-law - Dying declaration of deceased does not state that dowry was cause of death - Husband of deceased was completely exonerated in dying declaration and he was not charge sheeted and prosecuted - It was the husband who had taken..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Evidence of prosecution witnesses No.1 to 5 are contradictory to each other regarding allegation against respondent Nos.2 to 5 and in absence of any injury received by the informant, the allegation of assault against respondent Nos.2 to 5 has rightly not been sustained - Acquittal of respondents Nos.2 to 5 calls for..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Murder case - Extra judicial confession is a weak piece of evidence and unless there is some corroboration, conviction solely on the basis of extra judicial confession could not be sustained...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - PW7 turned hostile - Alleged recovery of incriminating material recovered at the instance of accused rejected by trial Court - As regarding extra judicial confession made by PW4, same being weak piece of evidence, cannot be relied upon unless there is some corroboration - Accused rightly acquitted...........
