Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 302 - - Circumstantial evidence - PW4, brother of deceased accompanied deceased to Mela on fateful day and identified the accused, who took away deceased from Mela - Investigation revealed headless body of deceased in bushes - Trial Court rightly recorded guilt of accused which was affirmed by High Court by applying..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - Last seen theory - Last seen witnesses saw entry and exit of accused from crime scene respectively - Witnesses conveyed this piece of valuable information to complainant right before he filed first information - However, there is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Wife of deceased stated that her husband called accused for doing labour job - Accused and deceased left the house in congenial atmosphere - Theory of motive as propounded by wife of deceased per se unconvincing for the reason that had there been any prior..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW2, PW15 and PW20 claimed to have seen accused and deceased together - Even accused and deceased were allegedly grappling with each other - Though last seen witnesses were present at the spot, where dead body of deceased was recovered and requisite..........
Indian Penal Code, 1860, Section 302, 364, 120B -- Murder - Kidnapping - Circumstantial evidence - Benefit of doubt - Last seen theory not acceptable as there is no close proximity between place and time of crime - Motive of crime not proved - Disclosure statement of appellant cannot be looked at for corroboration of this version - Weapon of offence neither produced nor..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Maruti Van carrying accused was seen moving prior to commission of offence in the area in question - Said Van recovered at the instance of A-3, as he was driver of same - Said fact is proved by two Courts below with the aid of PWs -..........
Evidence Act, 1872, Section 3, 106 -- Circumstantial evidence - Last seen theory - Onus to prove - Mere invocation of last seen theory sans facts and evidence in case will not suffice to shift onus upon accused u/s 106 of the Act, unless prosecution first establishes a prima facie case...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased left cinema hall together - PW2, gate keeper of Cinema knew both of them - Evidence of PW2 corroborates evidence of father and wife of deceased to the effect that deceased had gone to see a movie before occurrence of incident and that both were seen together..........
Criminal trial -- Circumstantial evidence - In a case of circumstantial evidence, Courts are called upon to make inferences from the available evidences, which may lead to the accused's guilt - Courts have to identify the facts in the first place so as to fit the case within the parameters of `chain link theory' and then see whether the case is made out beyond reasonable..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW1 is the only witness of last seen theory - However, testimony of PW1 not corroborated by any other witness - Recovery of various articles not proved, as forensic examination of these recovered articles not proved in Court - Accused proved to be falsely implicated in the suit - Motive of..........
